我现为I-485 pending 身份,太太及女儿也为I-485 pending (我为the principal applicant)。如我离美回国工作,其I-485 pending 从离境起应为自动放弃,我的问题是:如太太也回国,但女儿仍留在美国,
她们的身份是否因我的离境自动变为out of status?
-After you give up your I-485 by leaving US, your wife's and kid's I-485 will be denied later. After their I-485s are denied, their AOS will be invalid (out of status or unlawful presence) unless they have a non-immigration status such as H1/H4.
如果out of status,我女儿怎样才能合法留在美国。她目前在公立学校读高中,私立学校明年8月份才能进去。
-If you and your wife leave U.S., it is nearly impossible for your daughter to have a legal status such as F1 to stay in U.S. to continue her study because of her immigration intent. So, you need to think about this carefully before you leave U.S. for China to work.
我们夫妇都有AP。