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F1 out of status but graduating or marrying

Westfield, NJ |

i entered the country legally through f1 visa but i lost my student status and have been here ever since. if i graduate from college/university while out of status or if i marry a resident, would there be any reasons to deny me a legalized stay here in the u.s? would it be difficult to adjust my status?

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Attorney answers 4


Graduating won't help.

Marriage to a person with resident status won't help ... much.

Encourage the resident to become a US Citizen ... that will help.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Is the resident eligible for citizenship? You should wait until he/she becomes a citizen to file the adjustment.

Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


Graduating doesn't help. Marrying a permanent resident won't help (unless s/he become a citizen quickly). Marrying a US citizen would help as long as the marriage is bona fide. Whatever happens, don't try to adjust your status until you consult with a lawyer.


You should speak with experience to give you proper way in obtaining your resident status in the U.S.

Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.