I filed COS to F1 eleven months ago and I turned 21 seven months ago.
Still have no decision or RFE from USCIS.
1. Am I accruing unlawful presence?
2. If I leave US before final decision from USCIS, will any time spent after turning 21 be counted as unlawful presence?
I appreciate all advice.
1. You will accrue UP, but ONLY IF USCIS were to ultimately deny your application for COS. You will then be deemed to have (retroactively) accrued UP from your 21st BTH on.
2. Yes, since as soon as you depart while your application for COS is still pending with USCIS, you will be deemed to have "abandoned" it, and CIS will deny the COS and you will be deemed to have been accruing UP towards the 3 and 10 year inadmissibility bars as of the day you turned 21 and could no longer be a dependent on your parent's visa.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
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