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Questions and Answers > F-1 Visa

What is my EB-5 status after I filed an I-485 and got a receipt while on an F-1 visa?

I filed an I-485 on January 7, it was delivered on January 11, and a notice of receipt was sent to me on Jan 15. I am adjusting status from F1 and my petitioner is a Lawful Permanent Resident. I am F2A category. Due to illness last semester i didn’t get to take my exams and would need to take them during the upcoming semester. Because of that I had to take that semester off to take the exams I missed from the previous semester. In doing so, my designated school official terminated my f1 visa without my knowledge. However, when I consulted a lawyer I was told my status would still be current since I filed the I-485 on January 7 and the visa was terminated after on feb 11. I had my interview today and the officer said I was out of status and that my visa has to be current up until the date of the interview. I was not denied. I was told my case would be reviewed and that I should do nothing further but they may request additional documentation via the mail. Did the lawyer misinform me or is it possible there is an issue?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You should have had an attorney with you because you only have to be in status up until the filing. But if you worked without permission, then that would be a basis for denial.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you were in a valid F-1 status and if the I-130/I-485 was properly and timely filed before you fell out of F-1 status, you should be in POSABAG (period of stay authorized by the attorney general). I-130/I-485 should be approved assuming your interview went well, the case is approvable as filed, and you have not engaged in any unauthorized employment. POSABAG is not a nonimmigrant status though, so legally you are out of F-1 nonimmigrant status. That means if AOS were denied, you do not have an underlying nonimmigrant status to fall back to. A timely F-1 reinstatement application might have been an option.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I am not sure where your EB-5 status is fitting into your Qs on maintenance of F-1 status while I-485 for FB-2b is being adjudicated?