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Out of status (F-1) but married to a USC.

Santa Rosa, CA |

I married a USC last year but as yet we are unable to do the AOS due to money concerns. The USCIC know my address. Would this be a priority for USCIC? I am law-abiding, do voluntary work and am supported by my husband.

Attorney Answers 7


  1. Only ICE can make a decision as to how to prioritize its cases.

    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.


  2. what do you mean priority? can they put you in removal proceedings, sure. will they, that is a different story.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. You are a "small fish" for USCIS.. I don't think it'll want to bother with the "immediate relative" of a USC.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. File your I-485, and there will be no problem.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  5. You are not a priority concern so it is unlikely. I suggest your wife at least file the I-130 as that is evidence that you are the immediate relative of a USC.


  6. Some offices are more zealous than others about going after people who fail to maintain their student status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  7. I dont think you are a priority. You should file for your green card through your spouse. If you have money concerns, feel free to call my office. We sometimes help people file by themselves for a reduced fee.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

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