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Can I get my student status back if the I-485 gets rejected?

I entered the U.S. in December 2018 on an F-1 visa. I filed my EB-5-based I-485 application this April. If I terminate my student status while the I-485 is pending, and if my I-485 application gets denied, is it possible to re-activate my student status?

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    If the F-1 is terminated, you will have to apply for either a new I-20 or be reinstated and be required to be readmitted in F-1 status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, if you maintain your student status while the adjustment is pending, then you can resume it if the adjustment is denied. However, since you have terminated, you would have to proceed to a consulate abroad and apply for a new F-1 student visa, which could be difficult.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You should not terminate your student status until your I-485 is adjudicated. Since you have disclosed your immigrant intent now by filing papers for the EB-5, if you lose your student status, you might not be able to get it back. It might be very difficult for you to convince immigration that your immigrant intent is no longer valid and that you intend to go back at the end of your studies in the United States.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    If your I-485 application is denied, then it will be a sensitive situation for you to obtain F-1 status again.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your application for adjustment of status is rejected, you would typically have lost your F-1 status. Certainly if you have to travel abroad, it would make it difficult either to apply for an F-1 student visa or to be admitted in F-1 student status, given the fact that you had attempted to acquire lawful permanent residency.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need to show intent to return abroad. Best not to terminate student status until you know you are a conditional resident.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is not advisable to terminate your student status if you just filed your I-485 in April until your conditional green card is granted. Also, if an I-485 is rejected, applicants don't typically get automatically reinstated into F-1. You will have to reapply for a new F-1. Reinstatement is not generally an automatic thing.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You would need to apply for reinstatement or leave and return to U.S. on F-1.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you stop going to school, then your F-1 status will end and you will be considered in authorized period of stay until your pending I-485 gets decided. You cannot reactivate F-1 unless you are eligible for reinstatement (in certain limited circumstances). Generally, it is best to keep an underlying immigration status (such as F-1 in your case) until I-485 is adjudicated.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    There are no guarantees that you will get your student status back. It is my opinion that you should not terminate your legal F-1 status before or unless you have another legal status.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    I would maintain your student visa status while your EB-5 application is pending. I am aware that the tuition may be a concern, but if you let your student visa lapse, you may be taking a risk!

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There are ways to reinstate student status, but establishing "immigrant intent" will make things challenging! Best to consult fully with an immigration attorney to review your immigration history and options.

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