I mailed my AOS packet (I130/I485/I131/I765) on 06/12/2009, my husband and I missed our interview since we were never informed. I would like to re-file AOS, but I'm not sure what exactly my immigration status is.
I've been living in the US with F-1 visa since 1999. I graduated school in 2008, went on to OPT for another year. My OPT expired on 07/06/2009. My F-1 visa was expired around the same time I submitted AOS packet.
NOTE: Before my AOS application was denied, travel permission (I-131) was approved. I traveled to Japan to see my family and came back on 09/02/2009.
Since I came back as pending AOS status and no longer F-1 student, what should I write in the forms where they ask what is my immigration status?
What is the actual date of the denial? And, have you discovered from USCIS if the letter informing you of the interview was returned to then? Had you at some point changed address -and if so, had you properly informed USCIS?
You have 30 days from the date of a denial to file an Appeal/Motion to Reopen/Reconsider (33 if the decision was mailed to you). You might want to consider doing this first, if a case can be made that you were not at fault.
If you have to re-file, your I-94 determines how you were admitted -should say something like "Parole."
Speak to a lawyer about an Appeal/Motion and/or refiling.
You might be able just to reopen the case with a motion to reopen instead of refiling the entire case. Please talk to a good attorney familiar with motions to reopen.
Founder and Managing Attorney of Shah Peerally Law Group PC
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