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Change of Status

Brick, NJ |

If you get married to a USC and apply to change your status from F1 to LPR and get denied.If you decide to leave the US instead of getting deported are you going to become inadmissible?

Attorney Answers 6


  1. Best answer

    You may be deemed inadmissible. You could face inadmissibility for unlawful presence or other grounds depending upon the reason for the denial. Even if you are not inadmissible, you may have difficulty securing future non-immigrant visas. In addition, if your application is denied and you are placed in removal proceedings, but fail to appear because you departed the U.S., you could be ordered removed in your absence. If you are in a bona fide marriage and are concerned that your application for adjustment of status may be denied, you would be best advised to retain an attorney as soon as possible.


  2. It would depend on whether you accrue any unlawful status before leaving, or the basis of the denial - for instance if there is a finding of fraud or a misrepresentation, then yes you could later be found to be inadmissible.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  3. If the government hasn't initiated removal then you can leave of your own volition. Whether you'd be considered inadmissible down the road would depend on facts leading up to your departure.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  4. Unlawful presence is an issue. The underlying basis for the I485 denial is also an issue. You may want to contest the denial in removal proceedings to protect your record.


  5. I would need to get more details and see the reasons for the denial. It is very possible. It is also possible you could reapply or have other relief in removal proceedings. Do not make a decision without consulting with an immigration lawyer. You should do so as soon as possible.


  6. Technically, if you were in F-1 status, you can't accrue "unlawful presence" because generally you are admitted for duration of status "D/S" unless your F-1 status is revoked be an immigration judge or DHS. Although you can't accrue "unlawful presence" triggering the 3/10 bar you may still be in admissible for failing to maintain your status in violation of the immigration law. That being said you may have other issues that need to be addressed immediately. I would seek an experienced immigration attorney to assist you in the process. Good Luck!

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