How can I change my levels of study as an international student with an EB-5 application? - EB5Investors.com

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

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
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.

Jan Pederson

Jan Pederson

Immigration Attorneys
Answered on

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

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You may maintain your student status while I-485 is pending, but I don&#39t recommend international travel until the travel permit arrives with the I-485 filing.

Charles Foster

Charles Foster

Immigration Attorneys
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.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
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.

Stephen Berman

Stephen Berman

Immigration Attorneys
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.

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