老师好。我最近接到了130和485被拒的信（理由是证据不足），打算appeal。我目前人在美国，以pending green card的身份读书（无F1），只剩下最后半年就毕业了。所以我想问下，
1. 如果我appeal，在appeal期间我可以合法停留在美国嘛？
-Yes, but if your I-485 appeal fails, then your unlawful presence will be counted from the day your 485 is denied. Thus, the unlawful presence probably may be more than 180 days which will result in your ban to reenter US for 3 years. So, you had better find a lawyer to help you to file I-290B for motion to reopen/reconsideration, or appeal.
2. 在appeal期间我可以申请ead卡工作吗？
-No unless you win the case.
3.如果必须在33天内离开美国，有什么方法可以适当的延长下时间么？因为现在疫情，短时间回国是个巨大的挑战。
我在申请移民前，有b2 visa，请问我现在可以境内转成b2 visa，这样给我多一点的时间准备离开么？
-No B2 any more due to immigrant intent.
4. 信上给了我33天，是不是三十三天之后就会被遣返，并且十年不能入境呢？
-If your unlawful presence is more than 180 days (from the date your I-485 was denied), then you will be subjected to 3-year bar; if more than one year, then 10-year bar. Of course, if you win the motion to reopen/reconsideration, or appeal, you do not have this problem. So, consult or hire a lawyer to see whether it deserves to file I-290B.
By the way, I don't know why your case was denied, but it seems USCIS was not convinced that your marriage is true (perhaps your marriage time is not long enough). So, if your marriage is true, you may re-file I-130 and I-485 again after a while later (e.g. about one year later) even if your motion to reopen/reconsideration or appeal fails. Your unlawuful presence does not affect your I-130 and I-485 approval even if it is > 180 days or > one year if you married a US citizen.
麻烦老师了。
