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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
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
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