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
Find an EB-5 Visa Lawyer: Immigration AttorneyDuration 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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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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