Will I be able to successfully adjust status if I have prior overstay of 3 months?
Asked on Nov 10th, 2013 on Immigration - Washington
More details to this question:
I have applied for Adjustment of status as a F2A . Will I be able to successfully adjust status? Situation: I entered on my Canadian passport. At the border, I was put into secondary inspection for the first time. From there, I was caught by the DHS officer for working and overstay by three months. Through statement of some 50 questions and I told the truth. Then I was rejected from entry to U.S. The officer told me if I would like to re-enter the U.S I must get student visa or work visa. Then after that I took a student visa. Then when I went to airport, again I was put into secondary inspection for a second time. The officer told me to stay in status and stamped my passport for student visa and I was able to enter the U.S. Then after six months, I took some vacation from school and went to Canada. Then on my way back to U.S, at airport I was put into secondary inspection again for the third time. The officer just checked my I-20 and checked his computer for awhile and I was welcome to enter the U.S again. I applied my I-485 while I was in status. My EAD and travel authorization is approved.
If you are in F-1 status at the time of filing your I-495, then, your application will probably succeed. It is still suggested however that you seek the assistance of an attorney.
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