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How can I change my levels of study as an international student with an EB-5 application?

I have a pending I-526 application. Once it gets approved, I plan to apply for adjustment of status in the U.S. I am attending graduate school for my graduate degree now. I plan to apply for a Ph.D. program right after. If I submit my I-485 application before I start the Ph.D. program, am I still considered an international student? If not, and if my I-485 gets denied while I am working on the doctoral degree, will I be considered losing my legal status and forced to leave the country?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    During the adjudication of your I-526 petition, you can continue studying in the U.S. under your F-1 student status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You school may have its own classifications, but for immigration purposes, once one files the I-485, they are a pending immigrant. You would need to wait for advance parole to be approved before international travel and for the EAD (work permit) before working.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Since you are currently on F-1 status, the subsequent approval of I-526 will not necessarily change your status and make sure you remain on F-1 just to ensure you are in valid status. Generally, when an individual is approved for an academic program, such as the Ph.D program, the typical process is that the student-applicant will be given an F-1 that will last until the duration of the study. This same thing will apply in your situation. If for any unfortunate reason your I-485 is denied, at least you will remain on the F-1 status and be able to legally remain in the country.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is possible to maintain your F-1 student status even with an adjustment pending.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It seems to me that if you file the I-485 before or after you start a Ph.D. program, you will be an international student. If you are not on an F-1 visa and not in any other status, and your I-485 is denied, you will have to leave the U.S.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    It really depends on your school. Many schools these days request the green card. You are considered an international student until you receive your green card. If you maintain the two status, even if the I-485, for the sake of argument, is denied, you still can pursue your Ph.D. based on your student visa.

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    Charles Foster

    Immigration Attorney
    Answered on

    Once you file your I-485 application for adjustment of status based on a n approved I-526 petition, you would not be eligible to reacquire F-1 status, nor would it be necessary.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may maintain your student status while I-485 is pending, but I don't recommend international travel until the travel permit arrives with the I-485 filing.

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    Jan Pederson

    Immigration Attorney
    Answered on

    You can continue to study as a full-time student in student status during all the time your I-485 is pending.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. Once you file Form I-485 although you can technically leave school, as your pending I-485 gives you legal status to remain in the U.S., but it is dangerous. If your I-485 is denied, then you would need to leave the U.S. You are allowed to maintain your student status while your I-485 is pending. This is actually to your advantage. If at any point in the process your permanent residency application is denied, you can fall back to the student status, and would not have to leave the U.S. as long as you are a student at the Ph.D. program.

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