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Will my application for Adjustment of Status be affected because I am out of status on my F-1 visa?

Portland, OR |

I'm an international student attending university in the US on F-1 visa. This past term, due to confusion in grading, I became out of status and was told by my advisor that I need to apply for reinstatement. Just a week ago, I had submitted paper works to have my status adjusted to a resident through marriage to my American husband. I'm concerned that being out of status on my student visa will negatively impact my application.

Also, in three months' time, I will be graduating from college. If by then I had not been interviewed, can I still remain in the US and continue to wait for the application to be processed?

Attorney Answers 4


  1. No

    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. Being out of status on an F-1 visa will NOT keep you from adjusting status, and it will not be a weighty negative factor. When deciding whether to hire an attorney to help you with final document preparation and your interview, remember that the USCIS starts with the legal presumption that your marriage is fake. You must prove to a very high level of certainty that it is not, and you must generally do this with documentation. Good luck either way.

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


  3. When you file for adjustment of status, you stay is considered authorized by the Attoreny General. You have to file for EAD, if have not done so already, to be able to work.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. I agree with my colleagues. You may want to consult with an attorney beforehand.

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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