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What should my student status be if I have a pending EB-5 I-485 case?

I was an international undergraduate student when I submitted my EB-5 application. My case was approved last winter and my immigration attorney just filed an I-485 application for me. Yesterday I received an offer letter from a graduate school, and I decided to attend that school this fall. For this graduate school, am I still considered an international student even with a pending I-485 case? Since the tuition for an international student is much higher than that for a domestic student, I want to know if I can save on it with my current immigration petition.

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is nearly always better to maintain nonimmigrant status until your adjustment of status is approved. Therefore, you should consult with an immigration attorney as to whether you should continue in F-1 status. Most likely that will be the best option, just in case there is an issue with your I-485.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Until your application is approved you will remain an international student and will keep paying a higher tuition, unlike domestic students. Consult your international student advisor for additional information to help guide you.

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    Barbara Suri

    Immigration Attorney
    Answered on

    It appears that you are an "I-485 applicant" since it appears that you are no longer in F-1 status and you are not yet in permanent resident status.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You should get in touch with the international student services office of the graduate school for proper advice. Through the I-485 application, you have filed an adjustment of status application to essentially become a permanent resident of the United States. F-1 is an non-immigrant visa and at this stage it is most likely unnecessary. Hopefully, the university will treat you as a resident of the U.S. and qualify you for in-state resident tuition as long as the petition was filed over a year ago.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You are an applicant for adjustment of status. The school should consider you a domestic student and not an international student.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If going to school you are still a student, but you should be advised that you are a permanent resident pending as well and see what that the tuition rate is.

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    Ying Lu

    Immigration Attorney
    Answered on

    I would suggest you contact the international student office of that graduate school to find out. Since you just filed I-485, you are not a conditional green card holder. Your current status is AOS, i.e. adjustment of status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That will depend on how your school handles this in-between status of a pending immigrant. I am not sure what their policies are.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You are in an authorized period of stay with a pending I-485. You are neither a permanent resident nor an F-1 student currently unless you are continuing to maintain your underlying F-1 status. You will need to check with a particular educational institution whether a resident tuition may be applicable in your situation under your state rules.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    Your status is adjustment of status pending. Neither an international student nor a green card holder.

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    Stephen Berman

    Immigration Attorney
    Answered on

    So long as you remain a full-time student you can be in F1 status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Depending on which state you in you may be able to qualify for in-state residence tuition. If you have an adjustment pending and your petition was filed at least 366 days earlier, you may be able to establish residence. There are several factors including your age and parents status.

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    Charles Foster

    Immigration Attorney
    Answered on

    Having filed your application for adjustment of status based upon your approved EB-5 petition on Form I-526, you will be deemed to be a pending applicant for lawful permanent residency. Therefore, you do not need a student visa, and in fact, technically you would not be eligible for same since you do not intend to return to your home country. Rather, since you are applying to become a lawful permanent resident, you can certainly request and hope that the university may treat you as a resident of the U.S., rather than as an international student. To some extent, you are still in mid-stream, and while you can attend the school as a pending applicant for lawful permanent resident, depending upon the school, they may not treat you as a resident until your application is approved, and you are a lawful permanent resident of the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If your I-485 has been filed and is pending, you are now in the U.S. as a pending adjustment of status to a lawful permanent resident status. You should have also filed and be issued a work permit (EAD) and advance parole which would allow you to work/travel during this period.

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