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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

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

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

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    Salvatore Picataggio

    Immigration Attorney
    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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    Lynne Feldman

    Immigration Attorney
    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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    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.

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    A Olusanjo Omoniyi

    Immigration Attorney
    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.

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