I-730 and in F-1 status

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bradgel

New Member
HI there

I am currently in F-1, OPT status. Concurrently, I have applied for I-730, Asylee Relative petition which is still pending. My OPT is expiring in January and since I-730 is still not yet approved, am I still allow to continue working or do I need to go back to school or something to stay in status? Will pending I-730 application keep me in status?
 
bradgel said:
HI there

I am currently in F-1, OPT status. Concurrently, I have applied for I-730, Asylee Relative petition which is still pending. My OPT is expiring in January and since I-730 is still not yet approved, am I still allow to continue working or do I need to go back to school or something to stay in status? Will pending I-730 application keep me in status?
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I do not believe that a pending I-730 automatically makes you legal here. I may be wrong. Therefore, my guess would be that you need to maintain another valid nonimmigrant status so that you may be approved for the derivative asylum status while in the US. The other side of the story could be this: the I-730 itself does not ask the petitioner if you are here in the US in a legal status. It simply asks if you are here in the US or not. Therefore, since the petitions are approved without an interview (typically) you may not need to maintain legal status in the US. Maybe others can chime in.
 
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When did you file the I-730 application?

Actually, Nebraska is processing the I-730 filed on or before on September 16, 2006.

You can also file an EAD while your I-730 is pending. I think that they will approve both applications the same time.
 
A pending I-730 does not give you any status or ability to work.

Another thing is that if and when the I-730 is approved all previous violations of immigration laws are basically forgiven.
 
thankful said:
A pending I-730 does not give you any status or ability to work.

Another thing is that if and when the I-730 is approved all previous violations of immigration laws are basically forgiven.
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That's what I thought. So basically, if his OPT runs out and if his I-730 is approved, he is safe.
 
vdostoi1 said:
That's what I thought. So basically, if his OPT runs out and if his I-730 is approved, he is safe.
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The major problem is that he cannot work legally while he waits for the USCIS to get its act together and process the I-730. USCIS laziness is really messing up people's lives.
 
He can apply for an EAD while his I-730 is pending. He has to submit a copy of I-730 form or any evidence that the I-730 is pending. You can find these informations on the instructions for filing I-765 (EAD).

A. Refugee--(a)(3). File your EAD application with either a copy of your Form I-590, Registration for Classification as Refugee, approval letter or a copy of a Form I-730, Refugee/ Asylee Relative Petition,approval notice.

http://www.uscis.gov/files/form/I-765instr.pdf
 
colocolo said:
He can apply for an EAD while his I-730 is pending. He has to submit a copy of I-730 form or any evidence that the I-730 is pending. You can find these informations on the instructions for filing I-765 (EAD).

A. Refugee--(a)(3). File your EAD application with either a copy of your Form I-590, Registration for Classification as Refugee, approval letter or a copy of a Form I-730, Refugee/ Asylee Relative Petition,approval notice.

http://www.uscis.gov/files/form/I-765instr.pdf
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They call for an I-730 approval notice. Read the instructions again.

There is currently no basis for an I-730 applicant to obtain an EAD. AILA asked the DHS the rules to allow that but has not heard back from DHS for ages.
 
Thanks to all those that replied. Appreciate it!
I applied for EAD and was rejected by USCIS because you need to have I-730approved first before they grant you anything. My only concern now is that I don't know how much longer I have to wait for USCIS to process my I-730application. My date of receipt was in Sept 19, 2006. Right now, USCIS website updated their processing time to that of Sept 29, 2006. But of cuz with USCIS, you can never really know when they will start 'working' on your case. I have to go back to school to keep myself in status and it's so expensive!!
 
Your case is outside processing time. Why don't you call them and make a service request to know what happen?

They use the law to reject your EAD application. The same law gives you the right to have them processed your I-730 within a time frame.
 
Let me give u my son's I-730 timeline.

Receipy Date--- Sep 2005
Bio-3 Done --- May 2007

Still waiting. Delay due to background security check. Only good news I consider that last few days I see three consecutive LUD changes. My son is maint his F-1 status through out this period. How much more we have no idea.

Based on the above u can see how they are processing the I-730.
 
Let me also give my son' I-730 timeline

Receipt Date May 06
Bio 2 July 06
Evidence Sept 06
Bio 1 January 07

I made an inquiry on August 07 and They asked to wait 6 months to receive a decision.

LUD changes at the end of November 07

I sent an email two weeks ago to remain them about this case.

If I don't receive anything by January, I will move the case to the next level because I have the right to receive the benefits of my status.
 
That was a mistake of my lawyer who didn't send a translation of the birth certificate and the photos.
 
Thanks colocolo,

I wish u good luck. We are in same boat. Pl let us know any new development in ur case. I will too keep updating of any changes.
 
GodSaveAII,

Thanks for the info. What worries me that since my son is constantly maint F-1 status for years now and all of sudden when he is out of status it may activate USCIS to trace him & may pick him up for initiation of removal proceeding. That's why we are not buying that option. What is ur comment on this course of action?
Thanks
 
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