I entered the US legally with F-1 visa and had maintained my status till the receipt date of my AOS. My marriage is falling apart. Even my husband is willing to continue the petition, I don't want to come in the interview and lie. If I withdraw the I-485 now, can I apply for re-instatement for F-1? Does the international office help me w/ it or I need to hire a lawyer? I only have 1 quarter left to finish my degree, can I continue classes while waiting for approval? Does the re-instatement affect my future eligbility like OPT, CPT or H1-B?
Since you have not yet accumulated any unlawful presence, the easiest would be to obtain a new I-20 and return to your home consulate and apply for another student visa. Reinstatements often take many months and you will not have a status while you are waiting and few options if this is denied.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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