Legal Question in Immigration Law in Colorado

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Can I stay in a legal status when my I730 is pending?

Hello, my spouse filed a I730 petition for me in march of last year.In dec we received an email saying our case is on 212.a.3.b hold.we haven't done anything wrong and are very hopeful that our case will be approved one day.I am on f1 status and my opt expired few weeks ago.Do I have to join school until the i730 gets approved, or as this .pdf file says i can legally wait?

On 10.a of the file (source:http://www.uscis.gov/files/nativedocuments/Jan_292008_%20QA_FINAL%20(2).pdf), it says, "Therefore, unlawful presence does not accrue during the period that a bona fide I-589 or I-730 seeking asylum for a derivative remains pending, unless the derivative alien was employed without authorization in the United State." I am not working but i can just wait without joining school


Asked on 4/11/10, 2:21 am

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

212.1.3.b refers to security related grounds of inadmisibilty.

If you were ever a member of an organization that is on the government's list of terrorist organizations, your case will be held until the government decides what to do. Hundreds of people are in such a limbo status, often for several years, and sometimes even when the organization they were a member of is not on an official list. You should meet with an immigration attorney experienced with people from your country.

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Answered on 4/16/10, 10:37 am


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