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Can F1 student out of status for more than 2 years adjust status through marriage to USC?

Brooklyn, NY |

I Stopped going to school 2 years ago, then after 4-5 month immigration authorities were at my house at 6 am looking for me they had my picture, name etc... However i was not at home at that time so they left. Then i moved out to different place. Now I am married to USC and have baby together and Planning to fill out all the paperwork for AOS. But i am trying to figure out if I am in removal proceeding or not. How do I know that? As far as i understood no one can adjust status while in removal proceeding. Since ICE officers came to my doorstep ( 2 years ago) looking for me i think i am in removal proceeding but no NTA was served and i didnt receive it by Mail as well. Also US Immigration law says "out of status" is forgiven if person doing AOS through marriage to USC. Can anyone help me?

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Attorney answers 3


Based upon these facts it would appear that you were never served with a Notice to Appear and are therefore not in removal proceedings and eligible for adjustment of status. Of course, by your own admission, you evaded ICE after you found out the agency was looking for you. Thus, documents could have been sent to your old address. Consult with an experienced immigration attorney who can review the facts of your case and advise you how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


Yes, but you would be served much better if you sought out an immigration attorney in New York, for more specific consultation. There are many. We are in NYC too.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.For legal advice please contact us directly through one of the above.


Yes, but you really need to hire an experienced immigration attorney given the ICE issue.

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.

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