How can I study in the U.S. with a pending I-485 case? - EB5Investors.com

How can I study in the U.S. with a pending I-485 case?

I just received my I-526 approval and currently work in the U.S. on H-1b status. I would like to attend a full-time graduate program in May 2020. If I submit my I-485 and advanced parole application now, would I be allowed to start my program in May as a permanent resident, or do I still have to pay tuition and fees as an international student until my I-485 is approved?

Answers

BoBi Ahn

BoBi Ahn

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Answered on

Until you are approved for your I-485 and lawful permanent residency status, you would still be considered an international student.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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Answered on

Unless your I-485 is approved, you are classified as a non-immigrant. As a result, you will only be given an F-1 status. Further, if you seek an F-1 classification by starting school full-time, you will be treated as an international student and certainly be required to pay fees accordingly until your I-485 is approved.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

The rules on in-state tuition vary based on the institution. Some institutions will consider a person for in-state resident tuition if the petition has been pending 366 days in the state, but there are several other factors that need to be considered.

Lynne Feldman

Lynne Feldman

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Answered on

You are not likely to have your permanent residency by May, but check with the school and see what rates they will charge you as an H-1B attending school and/or a PR attending school. Each school has their own policies.

Salvatore Picataggio

Salvatore Picataggio

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Answered on

That probably depends on how the school handles international students. A pending I-485, in the eyes of immigration, is not lawful permanent resident status until the final approval, but schools may handle their own tuition requirements differently.

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