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Immigration Issues/F1 out of status/ AOS through marriage to USC


QUESTION: I am a F1 student who just married to a USC . I stop attending school since Dec 2008, am I considered out of status and can I still apply for AOS? The IO at my school said that I must stay at school until my green card is approved or I am out of status . She will go head to terminate my F1 visa if I quit school now and I will be deported, is that true? I am very puzzled and thanks for your help

ANSWER: Sandy,
Your marriage to a USC excuses your out of status stay. You can go ahead and file for your AOS. You are not required to stay in school. But I would suggest that you do so immediately so that you are protected from removal.

Ramasamy Krishnan

---------- FOLLOW-UP ----------

QUESTION: Thanks for your prompt reply. I appreciate that. I have more questions:

1) My F1 visa expires on Oct 2007, but my I -20 is valid till mid 2009, will that cause problem when I file AOS?

2) I heard that there is a grace period of 60 days after completion of program, so I am still within grace period?

3) You mentioned ".. so that you are protected from removal. ", does it mean I can be deported automatically anytime after she terminates my F1 visa?

Thanks again!

I have already answered your questions. Since you have stopped attending school you are currently out of status. But this does not matter, your marriage to a US citizen allows you to file for your Adjustment of Status. I would also advise you to consult with an immigration attorney.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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