VERY URGENT ...Is New DS-156 Required??

S

srican

Registered Users (C)
My parents have their interview in a couple weeks ... I desparately need answer to the question below.

My Status changed from f-1 to "i-485 adjustee" last month when I entered USA using my Advance Parole after attending a conference.

I am trying to get my parents visit me on a B-1. The problem is that the d-156 they used for getting the appointment has me listed as on F-1. My wife is sponsoring my parents as were sure that my status ( F1) was a little cloudy given that I had already applied for my green card ( Technically I am not in violation as long as I dont use my EAD or the AP - though the law is unclear in this regard) ...

But now that my status is clearly not F1 .... Are my parents required to get a new DS-156 , that reflects my current status or can they use the orginal DS-156 , and provide information ( with supporting documentation) that my status has Subsequently changed to I-485 Adjustee
 
Srican, anytime you have filed an AOS application (I-485) and you have your receipt, your status changes to someone who is under AOS (Adjustment of Status). So your F-1 visa is (and was) no longer valid. You can refer the USCIS website about this if you have doubts, but the law is very clear. You entered the country with an F-1 visa originally which is a non-immigrant intent visa. The moment your I-485 application was on file, your intent changed to that of an immigrant and you are no longer considered to be on F-1 student visa. The fact that you got an EAD and AP only confirms this and you don't need to travel on AP or use EAD to work for that to take effect, because it already has.

As for your parents, since their interview hasn't happened yet, it is imperative that they state the truth about your status when they apply for B-1. If the consulate officials doubt that they may not be saying the truth for any reason, there is a good chance the visa can be denied.
 
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