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Questions and Answers > F-1 Visa

Do F-1 students with pending I-485s have to leave the U.S. due to the new SEVP regulations?

I submitted my I-485 because I got married to a U.S. citizen while on an F-1 visa. Now with the Coronavirus, the SEVP said that schools that offer only online classes will have their international students sent back. If my school decides to have only online classes, will I have to go back?

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Answers

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    Evelyn Hahn

    Immigration Attorney
    Answered on

    Answer from Evelyn Hahn (David Hirson & Partners, LLP): You have the option of terminating your record in the SEVIS, which will then terminate your F-1 student status, and rely on your pending I-485 Adjustment of Status Application. You are able to lawfully remain in the US while your I-485 is pending. You should contact your Designated School Officer (DSO) at your school''s international office to inquire about whether you can still attend school while I-485 is pending. However, Harvard and MIT have already sued the Trump administration in court on Wednesday, July 8, 2020, and more lawsuits will likely be filed to challenge this unreasonable policy in court. We recommend that you wait and see if court proceedings change the rule before you decide to terminate your F-1 student status and rely on your pending I-485.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No. An applicant for adjustment of status is expected to stay in the U.S. until there is a decision on the application.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you have a pending I-485 through your marriage, you are legal to remain here based on that case being pending.

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    Charles Foster

    Immigration Attorney
    Answered on

    With a pending I-485 Application for Adjustment of Status, you have an independent basis to remain in the U.S. and would not have to depart even if you take only online courses.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You are a pending immigrant. Your F1 status will end if you cannot attend campus classes, but you will not be unlawfully present because of the pending I-485.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you have a pending I-485 adjustment of status application, you are in a period of authorized stay and you do not need to depart the United States.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Once you have filed an adjustment, you are eligible to stay and do not need to maintain F-1 status.

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    Jon Eric Garde

    Immigration Attorney
    Answered on

    As long as you filed a Form I-485, your pending adjustment of status has replaced your student status. You are not unlawfully present. You are pending adjudication of permanent resident status. Yet, as an intending immigrant, immigrant intent is inconsistent with non-immigrant intent, as necessary to apply for and maintain F-1 international student status. You need to be concerned unless your application to adjust status is denied. Only then will you confront having unlawful status.