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

Asked over 1 year ago - 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. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . 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... more
  2. Tripti Sharad Sharma

    Contributor Level 19


    Lawyer agrees

    Answered . 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.... more

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