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  • I-824

    Hi everyone

    I was in school and finish Ph.d in science and currently filling EB-2 Petition. I was married to my wife 5 years ago and she was a student in college with F-1 visa but out of status around year 2000.
    My lawyer recommend that i should file I-824 folloing to join application for her after my EB-2 Petition, I-485 Application.
    It meand she has to go back to her country and do the interview.
    Is there any risk by doing that?

  • #2
    Hi everyone

    I was in school and finish Ph.d in science and currently filling EB-2 Petition. I was married to my wife 5 years ago and she was a student in college with F-1 visa but out of status around year 2000.
    My lawyer recommend that i should file I-824 folloing to join application for her after my EB-2 Petition, I-485 Application.
    It meand she has to go back to her country and do the interview.
    Is there any risk by doing that?

    Comment


    • #3
      your information is incomplete. I 824 is for forcing action on approved petition. I didnot see any approval you wrote. Am I missing something?
      Its a discussion, not a legal advise..

      Comment


      • #4
        Mohan- he would file the I-824 after the I-485 was approved.

        Masseffect- I would get a second opinion or clarification from your attorney. She should not leave the country as she may be subject to the 10 year bar. She may not be subject to the bar b/c her last I-94 says D/S and arguments can be made that she is not accruing unlawful status but it may be hard to convince a consular officer of that.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by masseffect:
          Hi everyone

          I was in school and finish Ph.d in science and currently filling EB-2 Petition. I was married to my wife 5 years ago and she was a student in college with F-1 visa but out of status around year 2000.
          My lawyer recommend that i should file I-824 folloing to join application for her after my EB-2 Petition, I-485 Application.
          It meand she has to go back to her country and do the interview.
          Is there any risk by doing that? </div></BLOCKQUOTE>

          The risk is very high and the filing of Form I-824 is a bad option. You said your wife is already out of status since around year 2000. This implies that she's no longer enrolled or studying, which I believe to be more probable than not, so the D/S condition of her nonimmigrant stay no longer holds true. Hence, the 10-year bar to reentry kicks in upon her exit. You must also consider the serious "frontlag" of PERM applications with the DOL nowadays. That's even if you're not from India or China and your priority date is marked "C"urrent. Don't expect that your permanent residency timeline would be that short.

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          • #6
            My lawyer said I-485 will be approved in few month and LPR status will be granted in 6-12 mo.
            I am currantly professor in college and my friend who become a professor also got LPR status within 18mo or so.

            Anyway as Mrs.mani& Rough Neighbor said it is kind of risky move and I also understand.
            According to my lawyer if she were out of status before 2001 it would be fine because there was no notification requirement in 2001.
            so There is no basis of inadmissibility for her.

            This is the biggest question of the whole process.
            I wonder what do you think about that?

            Comment



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