> "maua" wrote in message
> news:34$253527$1712770$1097092376@britishexpats.com...
> > I came to US with F-1 Visa. I completed my undergraduate degree,
> > then
> > ran out of F-1 Status for more than a year. i.e. I didn't apply for
> > OPT's one year EAD since I thought I will start attending graduate
> > school immediately following my graduation. But things didn't work
> > out
> > that way.
> > Then I applied for a political asylum during my out of status
> > period. In
> > the receipt notice, it says that I am allowed to stay in US till my
> > case
> > has been decided. So I am still waiting, but chances for me to be
> > granted an asylum filed after one year in US is very slim.
> > Now, since both my parents are here in US (permanent residents), my
> > dad
> > filed I-130, which is pending.
> > I am in graduate school right now, and I have EAD based on my
> > pending
> > asylum case. My question is same as others above. If my asylum case
> > is
> > still pending, will I be able to adjust my status here in US when my
> > I-
> > 130 is approved? without going back to my country?
>
> Considering you did not maintain status, that is unlikely. However, if
> like
> Mo007 your I-94 says D/S, you have not accrued illegal presence that
> counts
> towards the 3/10 bar, you should be able to obtain an immigrant visa
> at the
> consulate in your home country once the I-130 is approved.
>
> Jozef
> (Not a lawyer)
I was wondering... when you said "your I-94 says D/S, you have not
accrued illegal presence that counts
towards the 3/10 bar, you should be able to obtain an immigrant visa at
the
consulate in your home country".... won't they find out you have been
out-of-status while in the US when you try to obtain that visa from the
consulate in my home country.
How long does the process take anyways?...
So, if my Priority becomes current.... if I leave the US to obtain a
visa from outside, Will my out-of-status be an issue at the US exit
ports (considering I have I94 with D/S on it), will they be able to
check what my status was before I left?
Thanks everyone.
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