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Should I maintain my current immigration status?

My I-526 just got approved. Should I maintain my F1 immigration status? What could happen if I take a three or four month break before filing my I-485 petition? Should I be concerned about staying at an F1 status for too long?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may maintain your F-1 visa status. There should be no problem on waiting if your F-1 visa is current at the time for filing the I-485. If you do not maintain legal status, you will not be able to adjust status here in the U.S.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    You should maintain your status and not let it lapse pending your filing. It just makes it cleaner and easier.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You should always try to maintain your current immigration status. If you fall out of status, you might not be eligible for adjustment of status in the United States. Furthermore, if USCIS or an immigration judge makes a determination that you are out of status, you would begin to accrued unlawful presence in the United States. You should not be concerned about staying in F-1 status for too long. If you are a full-time student with a valid I-20, you are entitled to duration of status, which means you will preserve your ability to adjust status, should you choose to do so in the future.

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    You need F1 status to get a green card. You can take three to four months before filing your I-485, but F1 status must be maintained.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you plan to file I-485 to adjust your status in the United States, you should maintain your F-1 status. If you lose your non-immigrant status, such as F-1, you will need to file DS-260 to obtain your EB-5 Visa.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You should always, at the very least, maintain the F-1 until the I-485 is filed. Do not take any time off unless you discuss fully with counsel.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The filing of an I-485 application, to adjust in the United States for conditional permanent residency, can only occur during the period that you are maintaining your non-immigrant F-1 student status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Advisably, you should maintain your F-1 immigration status not just until you file your I-485 application, but rather until the application is approved. There is no such thing as being on the F-1 status for too long. Stay on your current F-1 status; otherwise, you may be out of status. In the event of being out of status, you cannot adjust your status in the United States, and you will be required to leave the United States and process your immigrant visa from the U.S. consulate in your country.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Hello. You must maintain your non-immigrant status. Otherwise, if you do not maintain it, you would not be able to adjust your status. You MUST maintain your status until after the filing date of the adjustment of status.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    The off the top of my head responses are: that I am not sure that your dropping out of school for a few months would even come out; that there is a rule that allows some non-immigrants to have been out of status for up to 6 months, but nevertheless retain their eligibility to adjust status; and I cannot see continuing in student status too long as being a problem. Regards.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It is always best to maintain your nonimmigrant status as long as possible. If you take a break before filing the I-485, and then stop going to school, you are out of school. Section 245(k) may save you, but best to stay in school and file the I-485 ASAP.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you are still in your F-1 in four months, there shouldn''t be a problem in waiting to adjust. You need to be in a lawful U.S. status to adjust from. There shouldn''t be issues with not immediately filing for adjustment after receiving I-526 approval.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    F-1 is valid for Duration of Status (D/S on I-94). Thus, as long as you are attending school, there is no problem maintaining that status. However, if the I-526 is approved, I don''t see why you would not apply for adjustment of status (I-485) right away, as it takes 4-6 months for adjudication. I would advise that you maintain your current F-1 status until the I-485 gets approved.

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