What should I do if my I-485 is denied because I lost my F-1 status? - EB5Investors.com

What should I do if my I-485 is denied because I lost my F-1 status?

I got my I-485 denial notice. They said it was because I lost my F-1 status when I applied, but I didn’t know this because my I-94 expiration date said Duration of Status. It is still the same. What should I do? Can I apply for I-539 since my I-94 expiration date still says D/S?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Duration of Status means your F-1 continues as long as you have a valid underlying I-20 and you have been going to school for the required number of hours. If the category of permanent residency you applied in required you to maintain status and you didn’t continue in school and didn’t have continuous I-20s while you were here, you will need to consular process and won’t be eligible for adjustment.

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

You should speak to an immigration attorney immediately. You may have the ability to request a reconsideration and reopening of your case if it was denied in error but you have to file these motions within 33 days of the denial.

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