Do F-1 students with pending I-485s have to leave the U.S. due to the new SEVP regulations? - EB5Investors.com

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?

Answers

Evelyn Hahn

Evelyn Hahn

Immigration Attorneys
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.

Jon Eric Garde

Jon Eric Garde

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Stephen Berman

Stephen Berman

Immigration Attorneys
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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