老師好。我最近接到了130和485被拒的信（理由是證據不足），打算appeal。我目前人在美國，以pending green card的身份讀書（無F1），隻剩下最後半年就畢業了。所以我想問下，
1. 如果我appeal，在appeal期間我可以合法停留在美國嘛？
-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期間我可以申請ead卡工作嗎？
-No unless you win the case.
3.如果必須在33天內離開美國，有什麽方法可以適當的延長下時間麽？因為現在疫情，短時間回國是個巨大的挑戰。
我在申請移民前，有b2 visa，請問我現在可以境內轉成b2 visa，這樣給我多一點的時間準備離開麽？
-No B2 any more due to immigrant intent.
4. 信上給了我33天，是不是三十三天之後就會被遣返，並且十年不能入境呢？
-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.
麻煩老師了。
