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Can I get my student status back if my EB-5 I-485 is rejected?

I entered the U.S. in 2018 on an F1 visa and have been studying in a community college ever since. In April, I was informed that my EB-5 I-526 application was approved. I just filed an I-485 application. My question is, if I cancel my student status and stop going to school while my I-485 is pending, how can I re-activate my student status if my I-485 application is denied?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There are only a limited number of reasons why your I-485 would be denied, and most of those relate to whether you are admissible to the United States. If for some reason your I-485 is denied, it will be difficult to re-activate your F-1 student status because you have demonstrated immigrant intent. It might be wiser to keep your F-1 status until your I-485 is approved. If the I-485 is not approved, you could just remain on F-1 status without having to re-activate it. This assumes, of course, that your I-485 denial is for a reason that also does not make you removable or inadmissible to the United States.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    While your I-485 application is pending, you could continue to go to community college. If you stop going to school and your I-485 application is denied, then it will be an extended process to regain F-1 status.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It would be tougher to show non-immigrant intent (required for F-1 status) after the I-485 was filed and denied. Best bet would be to maintain your F-1 status throughout the I-485 processing (i.e., do not drop out of school, and continue maintaining student status) if there is a risk of the I-485 being denied.

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    Barbara Suri

    Immigration Attorney
    Answered on

    If your I-485 application is denied, you would need to re-apply for a new F-1 visa. Why not continue in your F-1 status until you receive your permanent resident status?

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Advisably, do not drop out of school just because you had filed an I-485. If drop out, you will be out of status, you cannot stay in the U.S. and you must leave the U.S. Also, if you drop out and your I-485 is rejected, bear in mind you would have been out of status and you won't be allowed to go back to school, particularly if you remain out of status in the U.S.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to continue with your F-1 and advise the school not to cancel. Only then can you revert back to F-1 status if your adjustment is denied.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you stopped going to school and abide by F-1 status terms when you filed I-485, then your F-1 status ended and you are currently in authorized period of stay until your pending I-485 gets decided. You cannot reactivate F-1 unless you are eligible for reinstatement (in certain limited circumstances). Generally, it is best to keep an underlying immigration status until I-485 is adjudicated.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I recommend keeping up your student status until the I-485 is actually approved. If you do let the student status go you would need to convince the consulate of your non-immigrant intent.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Let's hope that your I-485 will not be denied. If it were to be denied, you may need to leave the country and reapply for the F-1 visa through the consulate to continue your education in the US. At that moment, having disclosed your immigrant intent, you might have difficulty getting a new F-1 visa.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You would need to file an application for reinstatement, or return to the U.S. with a student visa.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    You cannot. Your F1 status was changed or terminated when you filed for EB-5. Hence, if your I-485 gets rejected, then you have to re-apply for a new student visa.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    No such thing as re-activating your status. You will need to re-apply for F through the consulate. Denials of I-485s are highly predictable. You should discuss it with an attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you are an F-1 student status and have now filed your application of adjustment of status on Form I-485, based upon your approved EB-5 petition on Form I-526, you can abandon your F-1 status and still be eligible for adjustment of status to become a conditional permanent resident of the U.S. If, however, your application for adjustment of status is denied, you would be deemed to be out of status, and you would have to depart the U.S. and re-apply for admission on your un-expired F-1 student visa, along with a current I-20 certificate of eligibility on Form I-20. If your non-immigrant F-1 student visa has expired, you would have to take your I-20, and apply at the appropriate American consulate for a new F-1 student visa. In any event, when you are applying for admission, the fact that you tried to immigrate to the U.S. through adjustment of status, could render you ineligible for your F-1 student visa, or to be admitted as an F-1 student on the grounds that you''re not a bona fide F-1 student, since you have demonstrated immigrant intent. However, you could argue that you no longer wish to pursue any options for acquiring lawful permanent residency, and a consular officer, as well as the CBP inspector at the airport, would have the discretion whether or not to issue you the F-1 student visa or to admit you in F-1 student status.

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