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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?

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

Posted

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).

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4 comments

Asker

Posted

In form I-485, what do mark for "Were ever inspected by immigration officer?" under "Processing Information"?

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Posted

If you came in on a visa and you were given an I-94, mark "yes".

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Posted

Mark "yes" because you came in on a student visa.

Asker

Posted

thank you.

Posted

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.

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2 comments

Asker

Posted

We are sending both forns and supporting documents for approval.

Ibraheim Nidal Shalabi

Ibraheim Nidal Shalabi

Posted

Then put "NONE". It'll be ok.

Posted

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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