AOS by marriage withdrawal. Can I reinstate my F-1?

Asked over 1 year ago - Chicago, IL

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?

Additional information

I just missed 1 quarter, stop going school in Jan 2013 and currently working with my EAD. Does it consider working without authorization?

Attorney answers (2)

  1. Lynne Rogers Feldman

    Contributor Level 18

    Answered . 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

  2. J Charles Ferrari

    Contributor Level 20

    Answered . I agree with my colleague.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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