QUESTION

Will I be fine after filling the application and is there any problem on the GC interview because I didn’t attend classes?

Asked on Feb 13th, 2013 on Immigration - New Jersey
More details to this question:
I came here by f-1 student visa and for some reason I didn’t attend the classes. I am married now to my U.S girlfriend and we agreed to apply for adjustment of status for me.
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7 ANSWERS

It should not affect it although you may be asked about it at the interview so be sure you have a valid answer prepared.
Answered on Feb 25th, 2013 at 2:02 AM

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Generally, a person who entered the U.S. legally, later married a U.S. citizen, and now applies for adjustment of status on the basis of the spouse's immigrant petition, can adjust status even if he/she fell out of status after the entry into the U.S. However, in your case, there is likely to be a complication: you entered the U.S. on a F1 visa to get it, you represented to the U.S. Government that you would attend classes in the U.S. and then, you did not attend classes. USCIS is likely to view this as a visa fraud. If they do, you will be required to prove that it was not. Bottom line - get an immigration attorney before you file anything with USCIS.
Answered on Feb 20th, 2013 at 8:30 PM

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Adebola O. Asekun
F-1 visas are granted for duration of status [D/S] and unless a finding of your F-1 violation is already known to CIS, you should have no problem. Even if CIS knows of the violation, unless it is already a basis of a removal order or other adverse DHS action, your marriage to a US citizen, with a pending I-485 Adjustment application [green card] should suffice to forgive this infraction and the odds are extremely slim that CIS will deny your I-485 case for this alone. But I still strongly suggest that you speak to an immigration attorney because, apart from the F-1 violation, there may be other factors that may separately justify adverse CIS action. Without benefit of counsel, I am unsure you are aware of all the issues and of the attendant risks if CIS finds any other issue(s) justify a denial, marriage to a US citizen may not be enough to overcome a denial.
Answered on Feb 18th, 2013 at 10:56 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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There could be an issue here if there is a finding of fraud. You should probably consult an experienced immigration attorney before filing anything.
Answered on Feb 18th, 2013 at 10:18 PM

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Robert E. West
Yes, you have a large problem. Hire a competent lawyer to help you.
Answered on Feb 18th, 2013 at 9:08 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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It depends on the reason that you didn't attend school under the F-1, and if the USCIS officer is convinced by you that you did not enter the US under false pretenses.
Answered on Feb 18th, 2013 at 9:07 PM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
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Marriage to a U.S. Citizen absolves you from your having lapsed your status. This is a query we get frequently. You may be asked about "why" you let your status lapse but do not worry, it should not be a bar to your adjustment.
Answered on Feb 18th, 2013 at 8:53 PM

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