Legal Question in Immigration Law in Arizona

I have been here legally for more than seven years on F-1. We married in March this year. I graduated last year, my OPT EAD expired June this year. It took long to put the paperwork together but I eventually submitted everything early Sept. Interview is pending later this month. My wife is filling for divorce now (which I do not intent to contest)...do we are definitely going to have to cancel the interview. What are my options of staying? I haven't withdrawn my I-485 yet, but planning to do so ASAP. Will removal proceedings commence immediately I withdraw my application? Do I have the option to apply to reinstate my f-1 status to stay because I have been intenting to further my education all along. What other precautions do I need to take? What time frames are we looking at (for example would it make a difference if I had college admission before withdrawing the application)? What other options may be there apart from f-1 reinstatement? What should I do if removal proceedings commences, if it indeed happens?


Asked on 11/03/09, 2:53 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Since you are separated and your petitioner, US citizen wife, is filing for divorce - you are no longer eligible for a Green card through her I-130 petition. Yes, you can be referred by USCIS to Immigration Court for removal.

Your OPT had expired in June, it means that you've been out of status since June. F-1 reinstatement could be possible, but not guaranteed under the circumstances. You can't apply for a change of status to any other non-immigrant status after being out of status for about 6 months.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/08/09, 3:03 pm


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