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Is my request for a green-card most likely to be accepted if I got out of status after I had applied for it?

Tulsa, OK |

I'm have been a F-1 international student since 2009 and always kept my status. This year i got married to an US citizen and we applied for the green card filling out I-485 and I-130 forms. By the time we sent out applications to the uscis my immigration status were legal, however, I recently had to leave school and become illegal. Is my dropping out of status going to affect the process of me getting a green-card ?

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Attorney answers 4


The only effect dropping out of status will have is eliminate options in the event there is an error in the case.

The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

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.


Probably not, but this could be a problem down the road if there are complications in your case. These questions should be posed BEFORE you fall out of status, not after. In many cases, "an ounce of prevention is worth a pound of cure."

This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.


No it won't affect your eligibility for the green card; but it could affect your eligibility for advance parole. If you were out of status more than 180 days do not request advance parole and do not travel outisde the U.S. until you can travel n yoru green card.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277

Former Adjunct Professor -- Immigration law
University of Illinois College of Law


Falling out of F-1 status after you filed your I-485 based on marriage to a US citizen would not affect the decision on the I-485.

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