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Can F-1 Student File I-485 after Previous SEVIS Trouble

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  • Can F-1 Student File I-485 after Previous SEVIS Trouble

    My wife is currently on an F-1 Visa working on OPT and was lawfully admitted into the United States on that Visa. About 2 years ago, however, she was denied entry into the United States by an Immigration Officer in Atlanta was incorrect in stating that she didn't have a valid SEVIS form to enter the United States. Her F-1 Visa was then canceled and she returned to Germany the next day, had her Visa reinstated in Frankfurt and returned to the United States. The University she attened, a very large one with a diverse foreign student population, issued a letter on her behalf to take with her to Frankfurt that stated the immigration officer in Atlanta was wrong in dening her entry. She must now go through secondary screening whenever entering the United States and she has no problems since after explaining the problem. We now want to file the I-130/I-485 petition to have her become a Perm. Resident. However, I have read that if you were denied admission into the United States you are barred from filing the I-485. Is this true if she last entered legally and has current legal status? Or does this apply to people who were denied entry and then entered illegally anyways?

  • #2
    My wife is currently on an F-1 Visa working on OPT and was lawfully admitted into the United States on that Visa. About 2 years ago, however, she was denied entry into the United States by an Immigration Officer in Atlanta was incorrect in stating that she didn't have a valid SEVIS form to enter the United States. Her F-1 Visa was then canceled and she returned to Germany the next day, had her Visa reinstated in Frankfurt and returned to the United States. The University she attened, a very large one with a diverse foreign student population, issued a letter on her behalf to take with her to Frankfurt that stated the immigration officer in Atlanta was wrong in dening her entry. She must now go through secondary screening whenever entering the United States and she has no problems since after explaining the problem. We now want to file the I-130/I-485 petition to have her become a Perm. Resident. However, I have read that if you were denied admission into the United States you are barred from filing the I-485. Is this true if she last entered legally and has current legal status? Or does this apply to people who were denied entry and then entered illegally anyways?

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    • #3
      To my knowledge there should be no problem whatsoever if you want to file for AOS, since she is currently in the country and entered legally. You should file the entire package, including application for travel document (I-131)if she intends to travel outside of the US.

      I do hope that she did not leave and enter the US when she was already married to you. The problem with that is that F-1 is a non-immigrant visa which requires non-immigrant intent on behalf of the visa holder. If she was already married to you when she last entered the US she was in clear violation of the non-immigrant intent clause (because being married to USC when entering on a non-immigrant visa and later on filing for AOS demonstrates clear immigrant intent) If she last entered the US before planning on marrying you (best to have proof) or if you wedding was at least far enough out there won't be any problems. Otherwhise, pray that CIS won't pick up on it, but be prepared for the worst.

      Keep in mind that once the AOS process has started she will need the Advance Parole Document to re-enter the US after foreign travel, or the CIS will consider he to have "abandoned" her application

      By the way, I came here on an F-1 visa in 2003, got married to a USC last December and got my greencard the end of April

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      • #4
        Hej Silvianka!how did you get your green card in 5 months?
        Where did you file your I -130 and when.

        thanks

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        • #5
          I filed the entire package concurrently at the Chicago lockbox address. From there it went to the missouri service center. The actual interview, which seems to be the biggest holdup these days happened in Denver, CO. I have seen several GC be approved in under 6 months. I filed Jan 18, 2005

          check out http://www.immigrate2us.net

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          • #6
            No she has been in the country for over a year now and we were just married in the past few days, so the last time she entered the country there truly was no intent of her marrying me to stay in the country it was only for her to complete her education. This is good news, I follow the law very carefully and I want to make sure the i and t's are complete.

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            • #7
              Hello members

              My son is 20 year old, this fall he will be in 3rd year of college.

              He does not have legal status. Can he apply for student visa or F-1 status.

              Please let me know if can.
              Thank you

              Comment


              • #8
                Did he enter without inspection?

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                • #9
                  Hi silviamka

                  Yes.

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                  • #10
                    Unfortunately, he is not eligible for a student visa or any type of visa or adjustent of status. The only way for him to become legal is through marriage based AOS, with him leaving the country and filing a hardship waiver I-601 (based on hardship to USC spouse) which would be a long and rocky road, with no guarantee of approval.

                    Unless a petition has been filed for him before some time in 2001 under the 245(i) clause (which grants amnesty, etc) or if the unlikely event occurs that a new "orderly immigration act" passes that is his only shot to become legal at some point in time (of course you can just leave everything as it is now, and hope that he is not discovered by the CIS (beware of impersonating a USC though!!)

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                    • #11
                      Thank you silviamka.

                      Could you please advise in details about...what type of petition I should file for my son.

                      Unless a petition has been filed for him before some time in 2001 under the 245(i) clause (which grants amnesty, etc) or if the unlikely event occurs that a new "orderly immigration act" passes that is his only shot to become legal at some point in time

                      God bless you

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