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What is the status when I-290B is filed?

Bel Air, MD |

I was on a R-2 status and applied for a F-1 status, which was denied on April 4. My father (who is in the states)'s I-360 was approved on March 20. If I timely file I-290B for a motion to reopen my denied case within 30 days of the denial, would I be considered still be in status? If I am considered in status, can I adjust my status based on my father's approved I-360 petition?

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Attorney answers 1


Generally speaking an appeal or motion does not extend lawful status unless the appeal or motion is approved. You may be eligible to adjust under INA §245(k) which forgives employment based adjustment of status applicants 180 days of failure to maintain lawful status.

Your case is complex and requires the involvement of a qualified attorney who can parse out these legal issues before its too late to benefit from them.

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