Legal Question in Immigration Law in Colorado

my wife is a green card holder and filed an immigration visa for me to adjust my status on July 2014 and we got approved notice on December 2014 and they sent it to NVC. I'm currently living with her in the US and i have F1 student visa which still valid I'm not out of status. I just received the NVC welcome letter which asks me to follow some steps then they will schedule a visa interview for me and then they will send it to the embassy that is in my country. I'm from Yemen and there was Announces Temporary Protected Status Designation for Yemen. So if i stopped going to school can i still adjustment my status while I'm here or is that going to affect my situation? is there anything that i can submit the I-485 form to adjust my status faster or should i wait for my priority date ? please your advice Thanks


Asked on 9/05/15, 1:01 am

2 Answers from Attorneys

Eric Fisher Law Office of Eric A. Fisher. LLC

You should apply for TPS now, and you can apply for adjustment of status when your priority date is current even if you are no longer a student.

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Answered on 9/07/15, 10:20 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your priority date is current now, then you can apply for adjustment of status & notify the NVC that you have done so. If you are not current yet, then apply for TPS, if you meet the eligibility requirements first. Unless your wife becomes a U.S. citizen, you cannot adjust status if you fall out of status prior to filing the I-485 application, so be careful about dropping out of F-1 status until you know it is safe to do so!

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Answered on 9/07/15, 1:20 pm


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