Was I misinformed? Will my GC be denied?

Valistrying92

Valistrying92

New Member
My petitioner (mom) is a lawful permanent resident and I am F2A category (unmarried minor). I came here on an F1 Visa in 2018. Due to being sick and missing classes last semester I had missed exams. I spoke with my designated school official and I was told that I could file for a leave of absence so I could take my exams from the last semester. My mom mailed my I-485 on January 7. It was delivered to USCIS on Jan 11, and the notice of receipt was mailed to me on Jan 15. The school terminated my SEVIS on feb 11. My interview was June 23. When I went the interviewer told me she couldn’t approve me yet because I am out of status and that I would need to maintain status up until the interview date for me to be approved. I was not denied but she put my case under review. I told her I had spoken to numerous lawyers and they told me that once I was in status on the date of filing, I’d be okay even if the petitioner is a lawful permanent resident. But she said that only applies to US citizens.
 
If the case is under review it should go to a supervisor.
It’s not clear to me from the way you describe it re the timing of sevis being terminated - the missing classes/leave of absence - was that before the i485 was filed?
 
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Valistrying92 said:
The I-485 was filed before SEVIS termination. I-485 was filed Jan 7. SEVIS was terminated on feb 11.
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I understood when sevis was terminated. What I asked and you did not answer, was when you stopped attending class. It is possible that uscis found you were out of status before sevis was terminated if you stopped attending class before i485 was filed. If everything happened concurrently with sevis termination it should be ok.
 
From what you wrote looks like your college notified USCIS to terminate SEVIS before February 11.

Did you timely informed DSO that you were sick & not writing exams ? If yes I believe you are covered under 60 days grace period.

See this
8 CFR 214.1
Preparation for departure. An F-1 student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the United States or to transfer in accordance with paragraph (f)(8) of this section. An F-1 student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from the United States. However, an F-1 student who fails to maintain a full course of study without the approval of the DSO or otherwise fails to maintain status is not eligible for an additional period for departure
 
whitemimauz3 said:
From what you wrote looks like your college notified USCIS to terminate SEVIS before February 11.

Did you timely informed DSO that you were sick & not writing exams ? If yes I believe you are covered under 60 days grace period.

See this
8 CFR 214.1
Preparation for departure. An F-1 student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the United States or to transfer in accordance with paragraph (f)(8) of this section. An F-1 student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from the United States. However, an F-1 student who fails to maintain a full course of study without the approval of the DSO or otherwise fails to maintain status is not eligible for an additional period for departure
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that extract says the grace period after withdrawal from classes is 15 days, not 60?
 
If he had timely failed to inform i don't think he is allowed any more grace days. I think he falls under failure to maintain status and for this there is no grace period.

I don't think he intended to withdraw.

Failure to maintain status waiver applies to immediate family members of US citizens.
 
whitemimauz3 said:
If he had timely failed to inform i don't think he is allowed any more grace days. I think he falls under failure to maintain status and for this there is no grace period.

I don't think he intended to withdraw.

Failure to maintain status waiver applies to immediate family members of US citizens.
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Agree - hence my question about timing of withdrawal from class
 
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