I-485 inadmissibility?

C

chippolino

New Member
Hello, I have an employment-based I-485, I applied for it in last July, I got RFE in february asking to prove that I maintained my F-1 status, which I did not. I came here in August 2004 as a student and started this green card process in April 2005, my priority date is August 2005.
The RFE said that I am inadmissible because I violated my student status; is there anything I can do to overcome this inadmissibility now?
Any reply would be appreciated, thank you.
Regards.
 
give details of your current status, when and how did you change your status, EB1 or EB2 etc, so that forum members can reply ...
 
They are asking if between the time you got F1 and applied for I-485 (last July), you kept F1.

After you applied for I-485, you no longer required F1 status.

So, what did you do between August 2004, and July 2007. If you were not in continuous status, what do you expect?
 
PD - 01/2004 - ROW
I-140 Approved
H1-B extended till 2011
AP - Approved

I just went to Infopass here in Chicago and the officer told me my case is at NSC(Which by the way I knew that). he asked me if I already have an interview and I told him my case just became current and I just wanted to find out the status of my case.

His answer is that my case is Under Review @ NSC. It is with anofficer and once he finish his work he will transfer the case to Chicago for an interview. As soon as Igot out I Called my Attorney to find out what is that all about, Her answer was it is too early to call but all cases goes under review doesnot necessarily mean it will be send to local office for an interview. Once it is looked at and that IO feels good he will make decesion to approv. So wait until this month. She says there is nothing to worry, She believes that I will be approved.
Can anyone tell me if they know anything about this situation?
Thank you

he didnot say it will come to Chicago definately
 
I know I messed up.

My case is in suspense now, till they receive my RFE. The deadline is till March 23. I did not maintain my status, I did not go to school. I know it is my fault, you guys/gals do not need to blame me. The intent of posting here was to get some legitimate advice on how to overcome inadmissibility obstacle for my case, not to get condemned. I am in a hot spot now, that is why I came here. I heard that I could file for a waiver of inadmissibility, however, on what grounds, I have no idea.

My case details:

EB-3 Worldwide
PD 8/22/2005/
I-140 approved in Jan 2006.
Applied for I-485 in July 2007,
got EAD in October 2007.
FP done in September 2007.

In the country since August 2004.
 
Last edited by a moderator:
chippolino said:
My case is in suspense now, till they receive my RFE. The deadline is till March 23. I did not maintain my status, I did not go to school. I know it is my fault, you guys/gals do not need to blame me.
Click to expand...
No blame, just prepare to take consequences be out of status. One of conditions for AOS - you should be in valid non-immigrant status to file adjustment of status. Once again - be prepared for denial and possible deportation. Hire a good lawyer.
 
Technically you are not out of status if you are in F1 status until USCIS or an immigration judge tells you so (because F is a D/S status). Hire a good attorney and you _may_ (MAY!) be able to save your I-485. Otherwise you have to leave the US and wait out the 10 year bar and then you can apply for consular processing. Getting married to a USC is an option, too. Just remember once you leave the US you can't reenter for 10 years under any circumstances.
 
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