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How does Green Card application Denial affects F-1 Visa OPT application and future green card application?

Durham, NC |

I am a graduate student holding F-1 Visa. My husband works for a University and by their support, we were applying for green cards (Basically, I was getting one, because I am married to my husband.) My status is at RFE (485). Unfortunately, my husband and I are going through a divorce. He is not letting me know what documents that I need to send to resolve RFE. My guess it will result in DENIAL.

1. In this case, what happens to my current F-1 Visa status (Stamp valid though 2014 summer, I-20 says through 2016 summer).
2. Can I get a new visa stamp?
3. Can I apply for OPT after my defense - when I complete my study?
4. Can I apply for green card again? Will there be any disadvantage?
5. Can I somehow withdraw green card application at this point?

Thank you for your answers in advance.

Attorney Answers 3

  1. To be in F-1 status you are required to have non immigrant (temporary) intent. In order to apply for adjustment you must have immigrant (permanent) intent. CIS may consider you no longer in student status when you applied for adjustment. You will need to convince CIS of your non immigrant intent and maintain a full course of study.

    The US consulate will also need to be convinced of your non immigrant intent (as well as many other factors) before they grant another F visa.

    If you are in lawful student status you may receive OPT.

    You may apply for resident status again unless CIS determines that you entered into the marriage for the purpose of obtaining an immigration benefit. See INA 204(c).

    You may withdraw the adjustment application. Withdrawal is not likely to have any impact other than as a denial.


  2. 1, 2, 3. Depends on whether you have continued to maintain F-1 status.
    4. If you have a means to do so, yes.
    5. Yes.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  3. 1) If you are otherwise maintaining it despite the I-485 filing, you may want to continue to do so
    2) Depends what visa you will seek
    3) As long as you continue to maintain status, you may be eligible for OPT
    4) Yes
    5) you can withdraw and it will be denied if you divorce before the decision is made. Having said that errors happen all the time.

    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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