Need Help about I-485 eligibility under F2A

S

stb

New Member
Hello,
My question is; Is a person eligible to apply for I-485 under F2A category if he has previously done F1 visa reinstatement. Will reinstatement clear off previous records or it will still consider as out of status for that time period. As per I-485 instruction it says, person is eligible, if failure to maintain status was due to no fault of yours and rule of F1 reinstatement says if incident was beyond students control. Both points are valid in my case as my reinstatement was approved due to school being closed.
Please kindly help if anyone had ever met these kind of situation or anyone got some good advice. I would highly appreciate your help.

Thanks
 
Need Help

Please provide me some advice, some suggestions

Looking forward to getting some tips from experienced people or who had met similar situation before.
Thanks for showing concern.
 
TheRealCanadian said:
Not sure, but the entire question becomes moot if you leave and re-enter the US.
Click to expand...

Or more realistically, if one has already left the US and reentered since the reinstatement.

Leaving now to reenter with an F1 and apply for AOS in September is not a good idea, as that is riddled with preconceived immigrant intent, for which relatives of permanent residents don't get the kind of leniency granted to Immediate Relatives of US citizens.
 
Thanks

Thanks for previous comments, but i have not left after reinstatement done so what could be the eligibility chances in this situation. Will reinstatement excuse previous out of status time period ? According to I-485 instruction, it says " if out of status was not due to your fault", will that be a point to be considered in this situation?
 
Not close

Not close now still few years to go. I am just trying to understand rules about eligibility. Pretty confusing, talked with lawyers too but did not get any concrete answer.
 
It looks like your best option is to go ahead and file the I-485 and see what happens.

Leaving the US and reentering with a new visa to "purify" your status won't probably work, because your status violation and having a permanent resident spouse/parent is likely to cause your new student visa to be denied.

If you don't file the I-485 in September, you could end up waiting another 2 years or more for the next opportunity to file I-485, unless an I-130 was filed on your behalf over a year ago.

However if the I-130 was filed over a year ago, you may be able to get an interview at a consulate in the near future, which would remove the need to worry about I-485 eligibility.
 
You must log in or register to reply here.
Top