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If I stayed beyond my program expiration for F-1 visa, what will my status be?

New York, NY |

I am applying for green card through my USC spouse. The form i485 asks for my "Current USCIS Status" and "Expiration". What exactly do I put in here? I had an F-1 visa. I appreciate your answers.

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Attorney answers 6

Best Answer
Posted

You can put "no status" or "overstayed F-1". It really doesn't affect your case since you are married to a US citizen. Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

You should put "F-1 visa" and your status expiration date as noted on your I-20.

Posted

You should put your status as an F-1 Visa and the expiration date as stated on the I-20

You may contact the Law Office of Robin J. Gray for further legal advice. Office (610) 689-0877; Fax (610) 689-0932; Cell (484) 769-5855; robingraylaw.com This answer is for informational purposes only. It does not establish an attorney client relationship.

Posted

Since F-1 visa status is duration of status in other words D/S you technically cannot overstay your status. So your current status is still duration of status but given the fact that you're marrying an American citizen and adjusting based on the immigrant visa petition it will not technically matter status.

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.

Daniel James Fisher

Daniel James Fisher

Posted

You can violate the terms of your F-1 visa even if it is D/S. While it is open ended in the terms of length, if you fail to abide by the terms of the F-1 it can be revoked. In this case it would not matter though since they are married to a USC.

Harry Asatrian

Harry Asatrian

Posted

Mr. Fisher, I don't think you understood correctly what I indicated in my answer. Overstaying ones visa status is a term that does not apply to F-1 visa D/S status because there is no date from which you can "overstay" from. You can look at the policy memos and regulations, which clearly indicate same. Conflating overstaying and violating status is perhaps where you became confused, which is a common mistake. I hope that this helps you better understand. All the best.

Posted

You can put F1 and date of expiration in the next column. However, since you are pursuing adjustment of status through your USC spouse it really does not matter.

Note: Our main area of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation. This communication, though, does not constitute “legal advice” nor does it form an attorney-client relationship.

Posted

You should put your status as an F-1 Visa and the expiration date as stated on the I-20. Since, you are marrying a USC it should not affect your case. It is a good idea to consult with an immigration attorney who will help you with the process and make sure all the documentation is prepared and submitted correctly.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.