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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 425
Experience:  Managing Attorney at a Law Firm
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My wife and I were married in January. I am a US citizen and

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My wife and I were married in January. I am a US citizen and she is a Vietnamese graduate student here on a student visa. She did not register for the Fall semester because she needed surgery for a uterine issue. She received an email today that read:
Dear Nhina,
Per CFR 214.2f, we are required to terminate your SEVIS record for authorized early withdrawal since you are taking a leave of absence from GMU for Fall 2016.
Please take note that this email is notification that your SEVIS record will be terminated for authorized early withdrawal effective today, 9/26/2016. You will have 15 days to depart the United States if you have not already done so.
What are our options?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 3 months ago.

Good evening, I am an Immigration attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 3 months ago.

Having you previously filed any immigration paperwork on your wife's behalf?

My recommendation is that you file for your wife's citizenship using USCIS Forms I-130 and submit it right away. Once that's processed it will essentially "cure" any overstay time she accrues. You can also submit a Form-131 which is a travel document request-- which will enable her to travel, should she need to, while the green card application is still pending. Note, she should not travel before receiving the approved I-131 because then she will encounter re-entry problems.

The other option she has is to return to her home country and wait there while the green card application is processing. Please note the processing time is usually between 6 months to 1 year, depending on how busy USCIS processing centers are.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Expert:  Nisha Jones, Esq. replied 3 months ago.

Having you previously filed any immigration paperwork on your wife's behalf?

My recommendation is that you file for your wife's citizenship using USCIS Form I-130 and submit it right away. Once that's processed it will essentially "cure" any overstay time she accrues. You can also submit a Form-131 which is a travel document request-- which will enable her to travel, should she need to, while the green card application is still pending. Note, she should not travel before receiving the approved I-131 because then she will encounter re-entry problems.

The other option she has is to return to her home country and wait there while the green card application is processing. Please note the processing time is usually between 6 months to 1 year, depending on how busy USCIS processing centers are.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Expert:  Nisha Jones, Esq. replied 3 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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