udo yah
Jul 5, 2023
out of status
Hello, I’d appreciate your response. I am out of status since 2016. came here on an F1 visa for my masters but is currently enrolled in my PhD program online. Is there by any chance I can file NIW with being out of my F1 status since 2016?
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R RJul 5, 2023
You can file for an EB2-NIW, will receive the work permit, travel permit and SSN, but if your case gets approved, your GC will probably be denied. But the best thing you can do is talk to a good lawyer.
J AJul 5, 2023
You can file for NIW but you get denied on i-485
Selith HJul 5, 2023
The NIW will not be a problem but you will have problems getting the greencard no doubt. The best you may have will be to leave the country and do consular processing if the NIW is approved. Consult an immigration attorney for proper advise.
Tolu OJul 5, 2023
You are very correct,what is the approval rate on NIW
Tolu OJul 5, 2023
I has that NIW status for some country are not current ?What does that mean
Sa OJul 5, 2023
@Tolu O if you know that you have good stand based on your profile, it is better that you apply now so that you can have your priority date. No one can tell you the approval rate now. A lot of applicants from the rest of the world are increasingly applying now. Get your priority date and join the queue.
Tolu OJul 5, 2023
@Sa O Thanks
Sa OJul 5, 2023
@Tolu O I will advise you to get your profile evaluated if you have not applied.
Tolu OJul 5, 2023
@Sa O preferably by an immigration lawyer
orange manJul 5, 2023
why are you out of status if you are in school?
N FJul 6, 2023
@udo yah you can file I-140 but you won't be able to file I-485 and get all benefits. you may leave the us and apply for a gc from your country. please note because you have been out of status since 2016 you won't be able to return to the us for 10 years. you may file a waiver but you should have good reasons why the uscis should forgive your overstay.
udo yahJul 9, 2023
thanks everyone for your contributions
