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  • Advance Parole

    I came to US with a F1 visa in2001.
    After one year my visa expired.
    In July 2004 I got married with a LPR.
    I applied for I-300 and in August vas approved but no visa number was issued .The priority date is July 2004.
    I didn't know that I should wait for the visa number to be issued and I applied for EAD and I-485(application to register permanent residence or adjust status).
    I did my fingerprints in Nov 2004.
    In December 2004 I got my EAD and SS.
    A month ago I got a letter to go for the initial interview for I-485 in september 2005.
    Everything went so well till now.
    I think that without a visa number probably I will fail the interview.I don't know how they ask me for the interview without a visa number.
    The question is: If I fail the interview can I apply for Advance Parole (I had no visa from 2002 until I got married 2004)???
    Thank you

  • #2
    I came to US with a F1 visa in2001.
    After one year my visa expired.
    In July 2004 I got married with a LPR.
    I applied for I-300 and in August vas approved but no visa number was issued .The priority date is July 2004.
    I didn't know that I should wait for the visa number to be issued and I applied for EAD and I-485(application to register permanent residence or adjust status).
    I did my fingerprints in Nov 2004.
    In December 2004 I got my EAD and SS.
    A month ago I got a letter to go for the initial interview for I-485 in september 2005.
    Everything went so well till now.
    I think that without a visa number probably I will fail the interview.I don't know how they ask me for the interview without a visa number.
    The question is: If I fail the interview can I apply for Advance Parole (I had no visa from 2002 until I got married 2004)???
    Thank you

    Comment


    • #3
      I'm sorry to be the bearer of bad news. Given that you are out of status and are married to a Permanent Resident, I don't think that you qualify to adjust status in the United States. I believe that you must use Consular Processing in your home country. However, you may be inadmissible to the United States for a period of ten years, as you have been here illegally for more than a year. I know that there used to be a "loophole" for F-1, whereby they were out-of-status only if an immigration officer made such a determination...but, I am not sure whether this is still the case with the SERVIS system. In my opinion, your best course of action would be to wait until your spouse attains citizenship, at which point you you would be eligible to Adjust Status. I am not a lawyer and don't know all of the ins-and-outs of the law as it applies to your case, so maybe others will be able to offer their opinions also.

      Comment


      • #4
        Other opinion?????

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