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Results 1 to 8 of 8

Thread: I-20 and AOS confusion, need help A.S.A.P!

  1. #1
    Guest
    Hi,
    This is a very complicated case. My fiancée came to USA on F-1 visa. Her father who is a USC filed for her green card in Dec 2000. She got her notice of action (I-797) in July 2001. Her immigration lawyer never applied for her AOS (I-485).

    She had been studying full time but last fall she had to leave the country due to some extenuating circumstances (her mother was very ill). She was unable to come back to USA before the start of Spring semester, so was unable to register for Spring 2003 semester. Her professors suggested to withdraw her fall 2002 courses as it was hard to complete her Incomplete courses. So, she filed a petition for a late withdrawal for the fall courses which was not granted or still pending for some reasons. Now when her I-20 was expiring on May 30th, she contacted her International center & they at first agreed upon in granting/ extending her I-20. But, when they came to know that she had filed to withdraw Fall 2002 semester as well, they had some apprehensions. They have extended her I-20 for 1 month only which would be until June 30th, 2003. They (international center) mentioned something about the reinstatement or / about going to Canada or Mexico. She wants to finish her studies and wants to enroll for her Fall 2003 courses. She does not have any intentions to quit her school.

    My questions are:

    A) When can she apply for her AOS ( I-485). We know that she should apply for I-485 Supplement A, once her visa is immediately available. But shouldn't her immigration lawyer have applied for I-485(AOS) when she received her I-797 almost two years ago.

    B) What is reinstatement? How does it work? Is it a good idea to go for it specially since her father had filed I-130 for her.

    C)In case, her school / INS do not extend her I-20, how long she can stay after June 30th??

    D)Is there any other way that she can stay here while waiting for her green card?

    E)I m on H-1 right now & v can get married & I can apply for her H-4 then but in that case her green card's process filed by her father would go all in the drain.

    F) Another option that we were thinking about was that she can leave the USA in case they do not extend her I-20 & will come back on her green card visa but who knows how long it's going to take plus adjusting her status here would be a good thing to do as suggested by her immigration lawyer.


    Anwsers to all or either of these questions will be appreciated.


    Azee

  2. #2
    Guest
    Hi,
    This is a very complicated case. My fiancée came to USA on F-1 visa. Her father who is a USC filed for her green card in Dec 2000. She got her notice of action (I-797) in July 2001. Her immigration lawyer never applied for her AOS (I-485).

    She had been studying full time but last fall she had to leave the country due to some extenuating circumstances (her mother was very ill). She was unable to come back to USA before the start of Spring semester, so was unable to register for Spring 2003 semester. Her professors suggested to withdraw her fall 2002 courses as it was hard to complete her Incomplete courses. So, she filed a petition for a late withdrawal for the fall courses which was not granted or still pending for some reasons. Now when her I-20 was expiring on May 30th, she contacted her International center & they at first agreed upon in granting/ extending her I-20. But, when they came to know that she had filed to withdraw Fall 2002 semester as well, they had some apprehensions. They have extended her I-20 for 1 month only which would be until June 30th, 2003. They (international center) mentioned something about the reinstatement or / about going to Canada or Mexico. She wants to finish her studies and wants to enroll for her Fall 2003 courses. She does not have any intentions to quit her school.

    My questions are:

    A) When can she apply for her AOS ( I-485). We know that she should apply for I-485 Supplement A, once her visa is immediately available. But shouldn't her immigration lawyer have applied for I-485(AOS) when she received her I-797 almost two years ago.

    B) What is reinstatement? How does it work? Is it a good idea to go for it specially since her father had filed I-130 for her.

    C)In case, her school / INS do not extend her I-20, how long she can stay after June 30th??

    D)Is there any other way that she can stay here while waiting for her green card?

    E)I m on H-1 right now & v can get married & I can apply for her H-4 then but in that case her green card's process filed by her father would go all in the drain.

    F) Another option that we were thinking about was that she can leave the USA in case they do not extend her I-20 & will come back on her green card visa but who knows how long it's going to take plus adjusting her status here would be a good thing to do as suggested by her immigration lawyer.


    Anwsers to all or either of these questions will be appreciated.


    Azee

  3. #3
    Best option for her is to apply for AOS immediately as her father is USC and had applied for her in 2000.
    In case, she was below 21 years of age when her father sponsored her by filing I-130, then she can get benefits of Child Status Protection Act, 2002 and her Visa will be immediately available as Immediate Relative.
    Good luck.

  4. #4
    Guest
    Umesh:
    Thanks for ur reply. She was above 21 when her father filed her I-130. We do not understand why her lawyer did not file AOS for her although she had received I-797 in July 2001 (she also had an alien number on her I-797). So we won't be contacting that lawyer now as we suspect that he is trying to hide his mistake of not filing AOS two years ago & asking us to wait until her case becomes current.
    Please advise, how should we proceed from now on. She still has 3 more weeks to go before her I-20 expires. Can her father apply for her AOS on his own without any aid from her previous lawyer? Also if we apply for her AOS immediately, will this make her stay legal even after her I-20 expires?

  5. #5
    Since July, 2002 there is a waiting period in F1 and prior to that her attorney could easily file AOS application. Right now petitions with priority date of November 01, 1999 are being processed. It will take another more than a year for her priority date to be current. It would be better for you to look for other options you have because if she will leave the United States now then she must wait till her priority date will be current.
    Good luck.

  6. #6
    Guest
    "Since July, 2002 there is a waiting period in F1 and prior to that her attorney could easily file AOS application. "

    Umesh I could not understand what u mean by that???Does that mean she cannot apply AOS immediately?

  7. #7
    Unfortunately at this time, she can not apply for AOS. You could apply for AOS prior to July, 2002 but it is too late now to apply for AOS because her priority date is not current.
    If you can marry her and can apply for her change of status, you should do it asap and get services of a good Immigration Attorney. Make sure that Immigration Department receives those papers well in time before her visa expires.
    Good luck.

  8. #8
    Guest
    Wht is the reinstatement? & how does it work? What if her school asks her for that?Her F1 visa is good for another year & a half.
    Any feedback would be appreciated.
    Thanks.

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