a-2 out of status ---- I-508?

M

musze008

Registered Users (C)
this is somewhat a followup to a thread started back in February.
here is my dilemma:

as a child i had an A-2 visa, my father was a diplomat.
right now my father no longer has a-2 status, which would (i assume) mean i also do not have a-2 visa status. although i will not my I-94 says "D/S"

the problem is this i filed I-130. i was told after calling USCIS that i would not be able to adjust status unless i file I-508 along with I-485. my calls to department of state the told me i cant file I-508 because i am out of status, the I-508 is only for people within A-2 status.

so how do i adjust my a-2 if im out of status?

i am still waiting for a decision on just the I-130 which i sent last week. i have not filed I-485 or the I-508.

i am married to a us citizen
i entered legally in 1985 when my father was a diplomat.
i have never left the country
i live with my wife now
 
You always have to be skeptical of whatever the USCIS people on the phone tell you. They are mostly inexperienced and often are very wrong. Go ahead and file the I-485 once you get the I-130 receipt, and forget about the I-508. Then if later in the process they say you still need to file the I-508, get back to us.
 
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do i need to file the Supplement A I-485A in addition to the I-485?
someone just suggested i look into that, although that will be another 1,000.

if i dont file the supplement a now can i do it later?
 
this is a slightely seperate question but it would greatly help me understand the situation that i am in.


IF, hypotheticallly, i won the visa lottery yet i am an out of status a-2 visa holder would i still be in the same predicament? or does the visa lottery afford me a "shield" which make it easier to adjust status from a-2?

i am under the impression that a visa lottery simply makes available a visa lottery number and i would still need to overcome the burden of adjusting status with an a-2 that is out of status. would this assumption be correct? can someone clarify a bit for me?

i thank you
 
musze008 said:
IF, hypotheticallly, i won the visa lottery yet i am an out of status a-2 visa holder would i still be in the same predicament? or does the visa lottery afford me a "shield" which make it easier to adjust status from a-2?
Click to expand...
Your lack of legal status disqualifies you from adjusting status via the lottery.
 
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