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Immigration Issues/Graduate degree on pending green card?

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Question
Hi,

I am currently on an H1B visa and recently married a US citizen. I applied for a marriage based green card and completed my interview in december 07. However, my name is still stuck in the name/background check. I plan to pursue graduate studies beginning in August of this year. I have a few questions given my situation:
1. I heard that there is a new law passed that makes your application eligible for adjudication 6 months after the interview. How reliable is this?
2. If #1 does not work out and my name check is still pending, can I get an F1 visa? I fear that I have already shown an intent in getting permanent residency, which may cause problems with an F1 visa.
3. If I can't get an F1 visa, is there some other visa I can apply for which will allow me to join school in 4 months while my green card is pending?

Thanks for your help!
Tyson

Answer
Hi Tyson,

Yes, the USCIS has a policy to adjudicate pending I-485's if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.

The reason for the delay in your I-485 approval could be that the FBI fingerprint check was initiated only on the day of the interview. In any event, you can call the USCIS customer service # at 800-375-5283.

Change of status to F-1 will not be granted by the USCIS since you have shown an intention of immigrating to the U.S.

You should be able to join your school based on pending I-485, which allows you to remain legally in the U.S. and to work and travel freely, assuming that you have applied for employment authorization and advance parole document. See the school's DSO (also known as international student advisor) and explain that your I-485 is pending, and you should be able to enrol.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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