If my I-485 gets denied, how can I legally keep my F-1 status? - EB5Investors.com

If my I-485 gets denied, how can I legally keep my F-1 status?

I have an F-1 visa and was in OPT for a year. My I-485 got processed while I was in OPT. Then my OPT expired. Because I wanted to keep working for my employer, I started using I-485's EAD right after my OPT date expired. In my situation, what do I need to do to maintain my F-1 status if my I-485 gets denied? Do I need to register for school (even in I-485 parole status) and get an I-20? I want to know how people maintain their F-1 status in a parole stage.

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Once the I-485 is filed, you are an intending immigrant. That is your status until a determination is made.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

If your I-485 application is denied, it may be difficult to keep your F-1. If your underlying F-1 visa is still valid in your passport, it is still a valid visa and, in theory, you can depart the United States and be re-admitted in non-immigrant F-1 Student status. However, remember the definition of an F-1 Student is one that plans to study and return to their home country. The mere act of filing an I-526 petition along with an Application for Adjustment of Status clearly demonstrates immigrant intent. Thus, you could be denied entry at a Port of Entry or denied an opportunity to renew your F-1 Student visa at an American Consulate. If the underlying status of your F-1 is still valid (i.e. you have maintained your student status throughout), arguably you could remain in the U.S. until you have completed your studies, but traveling may be difficult to impossible.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Unless you kept up F-1 and re-enrolled in school when the OPT ended, you will need to leave the united States and re-apply for any nonimmigrant visa you may qualify for. Keep in mind that proving nonimmigrant intent now will be tricky. Hopefully, the I-485 will not get denied.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

It is not clear what you mean by your I-485 being processed. Did you get a decision on your I-485? While the I-485 is pending, it is also not a status, it is an authorized period of stay while you are waiting for your I-485 to be adjudicated. Unless you traveled outside of the United States on advance parole and then got admitted to the U.S., you are not a parolee. It is recommended that you consult with an immigration attorney to review your case and answer your further questions.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If your SEVIS registration has been terminated, you need to get reinstatement which is extremely unlikely. You should transfer back to F-1 within 60 days of completing of your OPT in order to maintain F-1 status. Obtaining an F-1 visa after the denial of your I-485 is extremely difficult. Also, if you have used your advance parole, then obtaining F-1 status may not be possible.

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