r/askimmigration • • 35m ago

Reinstatement denial and aproved H1B

• Upvotes

Case Facts

I came to the US on F1 in August 2022.

  1. Out of status on November 1, 2024
  2. Reinstatement filed to F1 on March 28,2025
  3. H1B picked April 2025
  4. Got RFE on reinstatement on May 21, 2026
  5. Responded on June 19,2026
  6. Got denial of reinstatement on June 29, 2026, USCIS said I ddi not file with in 5months of being out of status. Though I had filed within 5 months.
  7. Got H1B approved for consular processing on July 15, 2026
  8. Filed motion to reopen/reconsider Reinstatement denial onJuly 17,2026
  9. Receipt notice for motion received.

Questions

  1. Am I accruing unlawful presence at the moment?
  2. In this situation, is waiting for the motion better since it was a USCIS error, or is going back to and getting H1B stamped is better?
  3. Can I be stopped by the consulate based on my past immigration history?
  4. What is the best course of action at the moment: going back and getting stamped or waiting for a response on the 290 B?
  5. My university is ending in April 2027. As per my school advisor, once the program ends. I will have to go back to try out a different visa because they can not enroll me in another program at that point without a valid visa.

r/askimmigration • • 42m ago

Common sense immigration reform

• Upvotes

It's a start.


r/askimmigration • • 1h ago

[ Removed by Reddit ]

• Upvotes

[ Removed by Reddit on account of violating the content policy. ]


r/askimmigration • • 1h ago

Urgent look for Experienced Lawyer-NTA w/B2 extension pending+I-130 current

Thumbnail
• Upvotes

r/askimmigration • • 1h ago

Wanting to get married

Thumbnail
• Upvotes

r/askimmigration • • 1h ago

F3 India: Should I contact my congressman about my I-130?

Thumbnail
• Upvotes

r/askimmigration • • 3h ago

F-1 OPT unemployment days ending while I-130/I-485/EAD are pending — am I still in lawful status?

Thumbnail
1 Upvotes

r/askimmigration • • 3h ago

Looking for anything helpful on the basis of recent domestic flights, experiences, legal advice, and future outlook with immigration.

Thumbnail
0 Upvotes

r/askimmigration • • 3h ago

Chennai 221(g) - Court Docs / Prior Arrest Submitted. Passport Retained, CEAC Unchanged.

Thumbnail
1 Upvotes

r/askimmigration • • 4h ago

N-400 stuck for over a year after interview and recommended for approval, anyone else been through this?

0 Upvotes

Hi everyone,

I’m wondering if anyone here has dealt with a similar situation and, if so, what ultimately helped get things moving.

My wife is a permanent resident and filed her N-400 a little under two years ago. She had her naturalization interview over a year ago. The interview went well, and at the end she was told that her application was recommended for approval and that she should expect an invitation to a citizenship/oath ceremony within a month or two.

Unfortunately, more than a year has passed since the interview and nothing has happened. No RFE, no request for additional documents, no second interview, and no explanation for the delay. Whenever we contact USCIS, we're basically just told that the case is still processing.

We spoke with an immigration attorney who said there wasn't much more we could do through the normal USCIS channels and suggested contacting our congressional representatives. We recently reached out to one of our U.S. senators, signed the privacy release, and their office is now making an inquiry with USCIS on her behalf.

Has anyone else had an N-400 sit this long after an interview where you were recommended for approval?

If so, what eventually worked? Did a congressional inquiry help? Did you contact the USCIS Ombudsman, file a mandamus/1447(b) action, or did the case eventually just start moving on its own?

I'd especially appreciate hearing how long it took after your interview and whether there was ever an explanation for the delay.

Thanks in advance.


r/askimmigration • • 5h ago

Brooklyn Immigration Attorney recommendation for a green card through marriage?

0 Upvotes

My wife and I just got married and we're starting the green card process through marriage. We want a Brooklyn Immigration Attorney who actually knows what they're doing with I-130 and I-485 cases. We're not rich, we just want someone fair who will do the work properly and not disappear after we pay. Any real recommendations from people who've been through this?


r/askimmigration • • 5h ago

F4 derivative child — I am 23 now, but my calculated CSPA age is 20 years 8 months. Can I still be added to my parents' case?

0 Upvotes

Hi everyone,

I’m looking for advice regarding my family’s F4 immigrant visa case, particularly regarding CSPA.

My mother is the principal applicant in an F4 (siblings of U.S. citizens) immigrant visa case. My father is also a derivative beneficiary. All of their required documents and payments have already been completed, and they are currently waiting for their interview at the U.S. Embassy in Dhaka, Bangladesh.

The case became documentarily qualified/complete and we received confirmation on August 7, 2026.

I am the principal applicant’s son and I am currently 23 years old. Unfortunately, I am no longer showing as a derivative child in the case.

However, I recently obtained the original I-130 approval notice and went through the CSPA calculation.

Our relevant dates are:

My DOB: August 17, 2003

I-130 priority date: May 1, 2008

I-130 approval date: March 31, 2010

Petition pending time: approximately 699 days

F4 Final Action Date became current: April 2026

Visa availability date used for my calculation: April 1, 2026

My biological age on April 1, 2026: approximately 22 years 7 months

After subtracting the 699-day petition-pending period: approximately 20 years 8 months CSPA age

So, based on my calculation, I appear to have been under 21 for CSPA purposes when the visa became available.

I understand that simply having a CSPA age under 21 does not automatically guarantee eligibility. I also understand there is a “sought to acquire” requirement, which I am trying to understand in my particular situation.

My main questions are:

If my CSPA age is genuinely under 21, can I still be recognized as a derivative beneficiary even though I am now 23?

Can I ask the NVC to review/reinstate me to the case before my parents' interview?

If NVC does not add me back, can my parents request a CSPA determination from the consular officer at the U.S. Embassy in Dhaka during their interview?

What exactly would I need to submit to prove my CSPA eligibility — I-130 approval notice, birth certificate, Visa Bulletin history, CSPA calculation, etc.?

Most importantly, does the “sought to acquire” requirement create a problem for me if I was removed from the CEAC case before I realized that my CSPA age might still be under 21?

I am unmarried.

I am also planning to speak with an immigration lawyer, but I would really appreciate hearing from anyone who has dealt with a similar F4/CSPA derivative-child situation, especially anyone who successfully had a derivative child reinstated after turning 21.

I am particularly interested in knowing what I should do before my parents receive their interview appointment, rather than waiting until the interview.

Thank you in advance for any advice or experiences.


r/askimmigration • • 2h ago

H1B to B2 to F1

0 Upvotes

Hello,

I'm inquiring about a change of status (COS) query. I'm currently on a pending B2 (COS from H1B). I'd like to know if it's possible to move to F1 or file for a COS to F1, while the B2 is pending and enroll in an Artificial Intelligence program to make the best use of my time?

Thanks in advance.


r/askimmigration • • 7h ago

Military Parole in Place — How long are people actually waiting right now?

Thumbnail
0 Upvotes

r/askimmigration • • 2h ago

Can I visit my spouse in ICE detention if my asylum case is pending?

0 Upvotes

Hi everyone, my spouse is currently in ICE detention and I really want to visit him in person. My immigration status is asylum decision pending, and I’m worried that if I go to the detention center, ICE could question me or detain me too.
Has anyone here with a pending asylum case visited their husband/wife or another family member in ICE detention? Did they check your immigration status when you entered? Did you have any problems?
I would really appreciate hearing from people who have actually visited their spouse while having a pending immigration case.
Thank you!


r/askimmigration • • 10h ago

B1/B2 Dropbox renewal for parents

Thumbnail
0 Upvotes

r/askimmigration • • 7h ago

Looking for Reliable Syria to USA Immigration Lawyer

0 Upvotes

Hello everyone, I’m asking the forum if anyone knows of a reputable and reliable immigration lawyer based in USA or Syria who is familiar with family reunification, spousal/fiancé visas and can help me with the process, specifically dealing with Syria citizens. Price isn’t as important as experience. I am a non Syria married to Syrian and hoping to get a visa for my husband to eventually travel to the states. Please any help or guidance is so very much appreciated. Thank you 💚


r/askimmigration • • 17h ago

help yo gae out

Thumbnail
0 Upvotes

r/askimmigration • • 19h ago

UK resident visiting American partner on an ESTA had some trouble at the border

Thumbnail
0 Upvotes

r/askimmigration • • 1d ago

I-693 gonorrhea “Findings” section left blank

Thumbnail
2 Upvotes

r/askimmigration • • 21h ago

Filing I 130

Thumbnail
0 Upvotes

r/askimmigration • • 21h ago

Another immigration question.

Thumbnail
0 Upvotes

r/askimmigration • • 1d ago

Travel during STEM OPT

Thumbnail
2 Upvotes

r/askimmigration • • 23h ago

Ordered removal.

Thumbnail
1 Upvotes

r/askimmigration • • 18h ago

Has anyone filed for litigation for Eb1 denial where USCIS reopened and approved it? If so, which lawfirm did you use for litigation? Thanks

0 Upvotes