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If my I-485 gets denied, how can I legally keep my F-1 status?

I have an F-1 visa and was in OPT for a year. My I-485 got processed while I was in OPT. Then my OPT expired. Because I wanted to keep working for my employer, I started using I-485's EAD right after my OPT date expired. In my situation, what do I need to do to maintain my F-1 status if my I-485 gets denied? Do I need to register for school (even in I-485 parole status) and get an I-20? I want to know how people maintain their F-1 status in a parole stage.

Answers

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    Answered on

    Once the I-485 is filed, you are an intending immigrant. That is your status until a determination is made.

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    Answered on

    If your I-485 application is denied, it may be difficult to keep your F-1. If your underlying F-1 visa is still valid in your passport, it is still a valid visa and, in theory, you can depart the United States and be re-admitted in non-immigrant F-1 Student status. However, remember the definition of an F-1 Student is one that plans to study and return to their home country. The mere act of filing an I-526 petition along with an Application for Adjustment of Status clearly demonstrates immigrant intent. Thus, you could be denied entry at a Port of Entry or denied an opportunity to renew your F-1 Student visa at an American Consulate. If the underlying status of your F-1 is still valid (i.e. you have maintained your student status throughout), arguably you could remain in the U.S. until you have completed your studies, but traveling may be difficult to impossible.

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    Answered on

    Unless you kept up F-1 and re-enrolled in school when the OPT ended, you will need to leave the united States and re-apply for any nonimmigrant visa you may qualify for. Keep in mind that proving nonimmigrant intent now will be tricky. Hopefully, the I-485 will not get denied.

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    Answered on

    It is not clear what you mean by your I-485 being processed. Did you get a decision on your I-485? While the I-485 is pending, it is also not a status, it is an authorized period of stay while you are waiting for your I-485 to be adjudicated. Unless you traveled outside of the United States on advance parole and then got admitted to the U.S., you are not a parolee. It is recommended that you consult with an immigration attorney to review your case and answer your further questions.

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    Answered on

    If your SEVIS registration has been terminated, you need to get reinstatement which is extremely unlikely. You should transfer back to F-1 within 60 days of completing of your OPT in order to maintain F-1 status. Obtaining an F-1 visa after the denial of your I-485 is extremely difficult. Also, if you have used your advance parole, then obtaining F-1 status may not be possible.

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