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I am an F-1 student visa holder and just recently married a U.S. citizen. Do I need to be enrolled in school b4 applying AOS?

Seattle, WA |

We got married a week ago on my summer break. The school starts on Sept 18th and my husband is currently out of town 'til Sept 25th. Would it be possible for me to withdraw my Fall enrollment before we apply for the Adjustment Of Status ? I am planning to carry my husband's last name. Do I need to change my name (on all accounts) before submitting pertinent forms? I was arrested 11 years ago and my case was dismissed w/o prejudice. In 2010 the WSP granted my request to vacate my record while informing other criminal justice agencies. The person to whom I speak to at WSP stated that I can now answer "No" should any form ask if I have ever been arrested. Would this work when submitting I-485? The plan is to tackle all of the necessary immigration paperwork after he gets back. Thank you.

Attorney Answers 4


No, but is is always advisable to maintain status.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

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.

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"The person to whom I speak to at WSP stated that I can now answer "No" should any form ask if I have ever been arrested." If you follow this advice, you likely would end up being deported from the US for failing to disclose a material fact to USCIS.

As the instructions on USCIS forms should make clear, having a court sealed, vacated, expunged, or do something similar to a case does not relieve an applicant from truthfully and fully disclosing to USCIS information requested on petitions and applications.

Before you get yourself into trouble and subject yourself to deportation, you should review your specific facts with your attorney.

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WSP doesn't have the power to remove your fingerprints from the FBI database .. Immigration will see them and require that you provide copies of all of your records.

Tell the truth ... the whole truth .... and nothing but the truth.

And ... most importantly ... hire an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Since you are going to adjust your status based on your marriage to a USC, you do not have to enroll in school. However, it is definitely recommended that you maintain your status.

If you do not disclose your arrest history, you probably will end up facing serious consequences. You should speak with an attorney about your issue to make sure every step is done correctly.

The above answer is intended only as general information and does not constitute legal advice.

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