If you have overstayed your F-1 student visa, you may still be eligible to adjust your status from F-1 to a marriage-based green card under...
If you have overstayed your visa by more than 180 days but less than one year, leaving the U.S. could trigger a 3-year bar, meaning you would be ineligible to return to the U.S. for three years from the date of departure. If you have overstayed for more than one year, leaving the U.S. could trigger a 10-year bar, making you ineligible to return for ten years from the date of departure.
To overcome these bars, you will need to apply for a waiver before leaving the U.S. if you are required to depart to attend a visa interview at a U.S. consulate abroad for your green card application.
It's essential to consult with an experienced immigration attorney to discuss your specific situation and determine the best course of action. An attorney can help you understand the potential risks and options available to you based on your individual circumstances. Keep in mind that immigration laws and policies are subject to change, so professional advice is crucial to ensure you are making the best decisions for your situation.
If you are married to a U.S. citizen and want to change your status from F-1 student to a marriage-based green card (permanent residency), you can go through the adjustment of status process while remaining in the United States. Here's a step-by-step guide on how to do it:
Get Married: The first step is to get married to your U.S. citizen spouse. Make sure you have the official marriage certificate as proof of your marriage.
File Form I-130, Petition for Alien Relative: Your U.S. citizen spouse must file Form I-130 on your behalf. This form establishes the relationship between you and your spouse and is the first step in the family-based immigration process.
Receive I-130 Approval Notice: After USCIS approves Form I-130, you will receive an I-130 approval notice, indicating that your marriage is recognized by immigration authorities.
File Form I-485, Application to Register Permanent Residence or Adjust Status: Once the I-130 is approved, you can file Form I-485 to adjust your status to that of a permanent resident. If your spouse is a U.S. citizen, you may be able to file Form I-485 concurrently with Form I-130.
Complete Biometrics Appointment: After filing Form I-485, you will receive a notice for a biometrics appointment. Attend the appointment to have your fingerprints, photograph, and signature taken.
Attend an Interview (if required): USCIS may schedule an interview for you and your spouse to verify the validity of your marriage and assess your eligibility for a green card. Be prepared to answer questions about your relationship and provide evidence of a bona fide marriage.
Receive a Decision: After the interview (if applicable) and the completion of the application process, USCIS will make a decision on your green card application. If approved, you will receive your green card in the mail.
Remove Conditions (if applicable): If you have been married for less than two years at the time of approval, you will receive a conditional green card. Before the expiration of the conditional green card, you must file Form I-751 to remove the conditions and obtain a 10-year green card.
It's essential to follow the guidelines provided by USCIS, and you may want to consider seeking the advice of an immigration attorney to ensure everything is done correctly and to address any specific concerns related to your situation.
Note that the process and required forms may change, so always refer to the official USCIS website for the most up-to-date information and forms.
The processing time for changing status from F-1 to a marriage-based green card (adjustment of status) can vary depending on various factors, including the USCIS workload, the service center processing your application, your individual circumstances, and any backlogs in visa numbers for your country of origin (if applicable).
As of my last knowledge update in September 2021, USCIS provided estimated processing times on its website for each type of application and form. However, keep in mind that these times were subject to change, and it's always best to check the most current processing times directly from the USCIS website.
On average, the process could take several months to a year or more. Here's a rough breakdown of the timeline:
Form I-130 Processing: The processing time for Form I-130 (Petition for Alien Relative), filed by your U.S. citizen or permanent resident spouse, can take around 6 to 12 months. This processing time depends on the USCIS service center handling the petition.
Form I-485 Processing: The processing time for Form I-485 (Application to Register Permanent Residence or Adjust Status) can also take around 6 to 12 months or more, depending on the service center.
Biometrics Appointment: After you file Form I-485, you will receive a notice for a biometrics appointment within a few weeks. The biometrics appointment is typically scheduled within 1 to 2 months from the application filing date.
Interview (if applicable): USCIS may schedule an interview for you and your spouse to verify the validity of your marriage and eligibility for a green card. The interview may be scheduled within 4 to 12 months after filing, depending on the workload and USCIS policies.
Decision: After the interview (if applicable) or after completing the processing of your application, USCIS will make a decision on your green card application. If approved, you will receive your green card in the mail within a few weeks.
Please keep in mind that these timelines are approximate and can vary significantly based on individual circumstances and external factors. Processing times can also change due to shifts in USCIS workload and policy changes.
To get the most accurate and up-to-date information on processing times, visit the USCIS website and navigate to the "Check Case Processing Times" page. Enter the appropriate form number (e.g., I-130, I-485) and the USCIS service center processing your application to see the current estimated processing time.
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