QUESTION
What will be my next option ? can i go back to my country now then my wife will apply from here ? can apply for F1 now ?
Asked on Mar 05th, 2014 on Immigration - Louisiana
More details to this question:
I Entered USA in 2010 on B1/B2, applied for F1 in march'11, in Sep'11 got denial, Then applied for I-290b, got approval in march'12, but didn't enrolled in school as I Married to US citizen on Feb 14th 2012, Later in June 2012 Applied for I-485 got EAD, called for 2 interviews, second one is videotaped, 80% went well, some answers were different, that was on Dec'2012, later they sent NOID in 2013, actually the whole case was going in Dallas, my wife is from Louisiana, in 2013 we moved to Louisiana and changed address, same time I applied for renewal of EAD and got it, in Nov'2013 got a letter from Louisiana local USCIS office stating that " our file was moved, An officer will contact us soon " Now its been 7 months, I didn't get any response, I have to visit my country, don't know weather I can come back or not, If I get approval will I get 10 yrs GC or conditional GC ? if i get 10 yrs GC am I eligible to apply for citizenship in 2015 as my marriage date is Feb'12
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As your I-485 application is still pending, and it appears that your F-1 change of status application was approved even though you didn't go to school, you appear eligible for advance parole to leave the United States. Such can usually be given within approximately 90 days of filing form I-765. That would allow you to return after your temporary trip overseas. If you are approved for permanent residence, you will receive a 10 year green card as you have already been married over two years. Your date to apply for citizenship is three years from the date that you are approved for your permanent residence so long as you are able to prove that you have lived together from the time of obtaining the green card until the time of your applying for US citizenship. Otherwise you would have to apply in five years from the date of receiving your permanent residence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Mar 29th, 2014 at 6:13 PM