Hello,
I have to make a serious but quick decision whether to apply for a status adjustment or to go back to Russia and obtain my immigrant visa here.
So, my father (a U.S. citizen) filed I-130 and got it approved shortly before I turned 21. As far as we were told by USCIS, I'm still considered as a child under 21. So, I came to the counrty on an F-1 visa in 2008 and took 3 semesters of college here. I failed to keep 12 credits this semester (Spring 2010) and fell out of status (I still have about a month before I will have to leave the country). And guess what? That is not the only problem... my passport expired in November'09!! So, right now I have to decide whether to go back to Russia and get my visa there, or stay here and adjust my status. My problem is that I've been here for 2 years already and I'm very attached to my boyfriend and people around me. If I go back home, I might have to be there for months and months... Just a thought about it makes me cry..
So, do you think applying for i-485 with an expired passport (where will I get a stamp??) and a near overstay is still worth trying? As I said, my father is a citizen...I heard children are usually forgiven for their overstays.
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to highflyingbird:
When was the I-130 approved? Just because it was approved, doesn't mean you will be considered a child under 21 forever. You need to have taken affirmative steps towards becoming an LPR Did you indicate consular processing or AOS on the I-130? Why did you let your passport expire? What makes you say that if you go back you will have to be there for months and months?
You sounds confused. You should start by renewing your passport.
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to highflyingbird:
either way, you need to get a passport before you go back to your own country. Get your passport from Russian embassy asap. If can't get 12 credits but if you have good reasons for it then you are ok. I took bunch of classes and one semester I only have 3 classes I need to take to graduate. So I only have 9 credits for that semester.
If your F-1 is not expired and I-20 is still current (if your administrator (international adviser) at your school signed back of your I-20, you can stay for extra 1 year in US), you are not out of status.
btw, 2 years isn't too long in US :) I'm here in this country for about 22 years and I still don't have Green Card! Consider yourself lucky having your father as a US citizen!
So here is the step!
1. get your russian passport asap. If your F-1 is still valid, then ask your russian embassy if you can keep your old passport.
2. file I-485 asap, don't go back to russian. the process takes longer as you have to file more paper work.
Another option is to marry your BF. :) If he is a US citizen, then the process makes much easier.
Good luck!
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