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F1 out of status (less than 1 month to the filing day) eligible for GC through marriage?

Milpitas, CA |

I am on F-1 Visas, this quarter i am not taking enough of the 12 units required to remain in status. I am also married to a USC and going to file for status adjustment in a couple weeks. we have been married for two months. Should I seek reinstatement back to school program or push through with the green card application?

Attorney Answers 2


  1. Forget about reinstatement. Adjust your status to permanent resident through marriage.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. If you intend to reside with your USC spouse in the U.S., simply apply for residency. Consult with an experienced immigration attorney to ensure all the forms are filed to allow you to work, travel, etc. while your application is pending and to discuss eligibility for these benefits.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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