I am still waiting for my OPT (I-765) to be approved. My family’s EB-5 application was approved in June, and they will return to our home country next January for consular processing. If my OPT happens to be denied, would I be overstaying, and would it affect my green card interview (consular processing)? My program end date was in August.
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIf your OPT is denied or you otherwise lose status, this can impact your eligibility at a green card interview.
Lynne Feldman
Immigration Attorneys DirectoryIf you timely applied, you are legal to remain until you get an answer. Why would you expect it to be denied? If denied, leave promptly and you will be fine for your consular processed immigrant visa.
Yuliya Veremiyenko-Campos
Immigration Attorneys DirectoryYou can stay in the U.S. while your OPT application remains pending. In this case, you are not accruing unlawful presence even if your program has ended. However, if your OPT is denied, you must leave the U.S. as soon as possible. If you accrue more than 180 days of unlawful presence, you will be subject to a statutory bar from re-entering the U.S. or receiving immigration benefits.
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