out of status F-1 with LPR application pending

[giorgis]

Hi, friends,
I am working with a former student who married a US citizen some time ago and applied for lawful Permanent Residency in Dec of 2009. He has been in-and-out of school for the past year and a half or so, and hasn't maintained status. He is currently attending a different school. He called and asked what he should do in re his status. Does his timely application for COS to LPR keep him lawfully in the US, or should he have maintained his F-1 status during the applciation period? What should he do at the present time since he is beyond the 5-month period for reinstatement?
Thanks for your thoughts,
Giorgis

 

[BigJoe5]

The Immediate Relatives of a USC, only need to have made a lawful entry and they can still file for AOS (I-485 etc..) even after the nonimmigrant visa stay expires. Once a valid AOS is filed the former F-1 can attend based on the status of having a pending AOS.

QUESTION: was an I-130, I-485, I-765 and an I-131 package actually filed based on the marriage to a USC? Has the "student" have an EAD or at least a reciept for an I-485 to show the school?

 

[giorgis]

Thanks, I was hoping that having filed an apparently timely application would hold status until a decision was made. Since I only spoke with the former student on the phone, I do not have any documentary evidence regarding what he has filed to-date. I asked about the I-485, etc, and he said that he had, in fact filed those forms in 2009. He also said that the USCIS customer service desk indicated that he should give them "6 more months." That's about all I know, and since he attends a different school now, I asked him to be sure to speak with his current Designated School Official about his situation.

The Immediate Relatives of a USC, only need to have made a lawful entry and they can still file for AOS (I-485 etc..) even after the nonimmigrant visa stay expires. Once a valid AOS is filed the former F-1 can attend based on the status of having a pending AOS.

QUESTION: was an I-130, I-485, I-765 and an I-131 package actually filed based on the marriage to a USC? Has the "student" have an EAD or at least a reciept for an I-485 to show the school?