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What is my status?

New York, NY |

Hi,

Im currently under a F1 visa, i'm student but married to a US citizen( didn't introduce any green card application yet).
do I still a alien non resident or alien resident?

thank you

Attorney Answers 6


  1. You are a non resident alien.

    This is not legal advise and should not be construed as such by anyone.


  2. As an F-1 student you are a "non-resident" alien. Note, however, that as the spouse of a US citizen you are considered an "immediate relative" ("IR"), whether your spouse and yourself "introduced" (filed) any green card application yet. IRs are not expected to maintain status (meaning continuing to pay those horrendous international student tuition rates at some less than mediocre state universities). IRs are never penalized for having "fallen out of status" or having engaged in unauthorized employment. Having said that, the sooner you file for a green card the better, and the faster you'll be able to file for US citizenship once obtained green card status. I wouldn't delay.

    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.


  3. Non resident.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.


  4. You are still non resident alein... You need to get your green card...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  5. Non Resident. Consult a lawyer and apply for permanent residence immediately.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  6. You still have student status. File for Adjustment of status to change that. Hire an attorney to properly handle it for you.