Legal Question in Immigration Law in Florida

Hi

I am an F1 student married to a greencard holder. I was on OPT when we got married ; after a year , i was able to get a new I-20 to continue (an undergrade I-20 because i could not get the require GMAT score ) ; Unforntunately there was not enough class for me to take as I have a bachelor degree, I asked the school if I can have a conditional admission while improving my Gmat score( the only thing that was holding me up to get into a graduate school), unfortunately the school has denied my request. I found myself in the situation where i would have to take some useless class just to maintain my status. But considering the cost of taking those classes, $ 8000, I decided to drop anything and just focus on my Gmat which I did. I got a very good score this time. I am still within the 5 months grace period. I would like to continue school, a graduate school. My only concern is that would my reinstatment be accepted, because a year after my marriage , my spouse filled I -130 form before i got out of status. I just got a shorlarship from a non-profit organisation and it require that I have an F-1 status before receiving the award. Would the I 130 pending application deny me reinstatment ? Please I need your advice.


Asked on 12/10/09, 1:07 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

It might affect your application for a non-immigrant status, such as F-1. However, if it's still within 5-months period, there is a good chance of approval of a reinstatement application (assuming that you didn;t work without authorization).

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, 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.

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Answered on 12/16/09, 11:27 am
Luba Smal Smal Immigration Law Office

I've already answered your question on Dec 16th.

If you read the USCIS form I-539, on Page 2, you will find the question which is directly asking you the following: "Has an Immigrant petition ever been filed for you?"

In your case, the answer is YES. A pending immigrant petition (form I-130) is viewed as an indication of an "immigrant intent", which is usually considered in a conflict with a non-immigrant F-1 visa/status.

Assuming that you didn't work without authorization, the pending I-130 can be taken into consideration while processing your application for a Student status reinstatement.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, 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.

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Answered on 12/21/09, 7:03 pm


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