Hi, I just dug up this thread to post an update for anyone else in the same situation. My permanent residency was approved at our interview yesterday. There were several questions about our relationship (understandably) and a few about my current status/work but my past COS denial was never...
Just a quick update on this. I spoke to the lawyer and he said that it is possible to argue both ways (I did/didn't accrue unlawful presence) but it was highly unlikely that I would get denied because of my answer in the DS-156. However, he also said that I need to be able to defend my answer if...
Thanks ananga73, I'm really glad to hear from someone who was in a similar situation! I'm just going to be meticulous and honest in my AOS process, and hope they don't beat me up for something I'm not even sure is a mistake. You guys have been really helpful and have definitely put my mind at ease.
You're right. I won't not apply, but I might postpone applying so at least I have my Ph.D. If they kick me out. And of course, I'll start thinking of how to defend myself if they bring it up.
Thanks again for the quick response! I do hope the USCIS agrees with you since it seems to be more of an interpretation problem than a misrepresentation problem. I will also be consulting a lawyer (the same lawyer who told me in 2009 to leave the country because my COS was going to be denied...
Thanks Jackolantern. This makes me feel much better. My I-94 was valid when I left and the denial came a month after. I think I read somewhere that if a COS is denied for untimely filing, unlawful presence starts accruing since the day the status was lost but was unsure how USCIS interprets it...
I am an F1 student currently in status (finishing up my Ph.D.) filing for AOS through my husband (naturalized citizen). Our AOS case is fairly straightforward but while filing out my G-325A, I was going through my F-1 DS-156 and realized a possible mistake that could potentially derail my...
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