Legal Question in Immigration Law in District of Columbia

question about visa status

I need confirmation of something a friend told me. My i94 said F-1 D/S. I had filed for a 485 thru spouse, but the petition was denied. So what status am I now? I was told that I would not have a status anymore and would be considered illegal. Is that true?


Asked on 5/28/09, 2:21 pm

2 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: question about visa status

Dear Inquirer:

If you are no longer attending school as an F-1 student, then you are no longer in status.

I recommend that you email us at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

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Answered on 5/28/09, 3:01 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: question about visa status

When you say "My i94 said. . ." do you mean you no longer are a student?? If you are still a student and your I-94 says F-1 D/S, then you remain in status until something or someone cancels that status. When the petitioner filed the I-130 and you filed the I-485, and the petition was denied (that means the I-130 was denied), that action does not necessarily cancel your student visa which, if you are still a student and registered, remains valid until you graduate and then for a grace period of one year under OPT (practical training). On the other hand, if you are not a student, then you are in effect without status. The denial of the petition may or may not place you in removal proceedings if your studet status is no longer valid (and it cannot be valid unless you are attending school under F-1 requirements). So, unless your student visa is no longer operative, that is, you are no longer a student, you may still have legal status in the United States. Good luck!

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Answered on 5/28/09, 4:35 pm


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