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What risks are there in changing status after filling the I-526?

I am currently present in the United States and planing to change my status from F-2 to F-1 in order to go to a graduate school. Is there any possibility that my F-1 will get denied and F-2 will get revoked due to the I-526 I filed a year ago?

Answers

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    Answered on

    You may get some questions, but an I-526 petition by itself should not be evidence that you have immigrant intent. The changes of status will need to be prepared carefully, ideally by U.S. immigration attorneys.

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    Answered on

    This is definitely an issue that requires analysis in person. It may be possible because I-526 filing shows your intent to immigrate to the United States and the F visa requires a showing of nonimmigrant intent. Please consult an experienced immigration attorney.

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    Answered on

    There is always a risk that your application to change status from F-2 to F-1 could be denied given the fact that the I-526 petition demonstrates an intent to remain indefinitely in the United States. However, if you file that application within the United States, it is more likely to be approved than if you were to depart the United States and apply for a new F-1 student visa. The American Consular Officer would more likely than not deny your F-1 nonimmigrant student visa in part based upon the fact that your filed I-526 petition demonstrates an immigrant intent to remain permanently in the United States.

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    Answered on

    Once you have declared immigrant intent (i.e., filing of the I-526), any filing for nonimmigrant status (outside of dual intent nonimmigrant visas such as H-1B) may result in denial. You can try to submit detail regarding the current intent (to study) and longer term intent (EB-5) to reside in the United States in your petitioning, but still an uphill battle.

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    Answered on

    Yes, there is risk as all F-1 and F-2 nonimmigrants must show an intent to return home and the filing of the I-526 shows an intent to stay permanently. There may be options, but this is a complicated situation that requires experienced counsel to carefully review your predicament. Hopefully your I-526 will be approved soon and then you can file an adjustment, and safely attend graduate school.

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    Answered on

    Do consult with your investment immigration attorney. Our experience has been going from undergraduate to graduate school should not be an issue if you remain in the United States. If you do return to your home country and are required to renew your visa you will experience a problem as your I-526 does create "immigrant intent." You should not take any action without consulting your attorney.

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    Answered on

    It is possible because there is conflicting intent.

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