In form I-485 what would be the "current USCIS status" if I am out of status after being an f-1 student unitil 2008?

Asked over 1 year ago - Pella, IA

I am married to my wife who is a US citizen , we are filing our application for my green card. 2 questions I came across were; current status and basis of eligibility in for I-485. hope someone can pinpoint me with the correct answer.

Attorney answers (3)

  1. Obadan Unuigbojie Iziokhai


    Contributor Level 16


    Best Answer
    chosen by asker

    Answered . As for your first question, write down F-1. If your I-94 contains a "D/S" you can only be out of status when the government has made a formal finding of status violation by you. As for your second question, mark option (a).

  2. Ibraheim Nidal Shalabi

    Contributor Level 9

    Answered . I'm assuming your I-130 was approved. If it was, just put "I-130 Approved" in that spot. You should be good to go.

    Good luck.

  3. Arsen V. Baziyants

    Contributor Level 6

    Answered . I'd put "none" - you have no legal status. Don't be concerned with this, though. Since you are applying for a green card as a spouse of a US citizen, you remain eligible despite being here without lawful status for the last 5 years. Be sure to consult an immigration lawyer to eliminate other issues that may preclude you from obtaining a green card.

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