Peachfaith

I met with a lawyer today and he told me that while my AOS is pending
I have to maintain my F-1 status. Meaning, I will have to go to shool
full time until I get an interview and green card. And that could
take a up to 2 years!!! He said that I can work full time with the
EAD they give while the application is pending but I must also
maintain 12 credit hours, this is virtually impossible to do!! He
said that I will be considered out of status if I stop going to school
even after my AOS is filed.

I told him this didn't makes sense and all he could tell me was it
depends on how a person interprets the law. So, I guess that means it
depends on how the immigration official interprets it. I know lots on
here have not maintained the status they entered the country on once
they put in for AOS.

This just doesn't make sense to me...I thought once I put in for AOS
my status changes to I-485 pending. I thought that my F-1 student
status would sort of be done with. Please let me know your thoughts
on this. Thanks!

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ian-mstm

I think your lawyer is an idiot... but hey, that's just me! As long as you actually filed the I-485, you are in status until such time as it is adjudicated. You don't need to maintain your F-1 status unless you want to.

Ian

Folinskyinla

I'm scratching my head too. However, I wonder what OP's precise situation is and what advice the lawyer really gave. I know that MY advice gets misinterpreted from time to time.

[email protected]

If your I-485 is denied and you haven't travelled in the midtime and
you maintained your F-1 status, you will be able to remain in the US
and keep your F-1 status.
Otherwise, you could be deported.

Besides those really restrictive circonstances, maintaining your F-1
status is irrelevant.


Folinskyinla wrote:
    > > I think your lawyer is an idiot... but hey, that's just me! As long as
    > > you actually filed the I-485, you are in status until such time as it
    > > is adjudicated. You don't need to maintain your F-1 status unless you
    > > want to.
    > >
    > > Ian
    > I'm scratching my head too. However, I wonder what OP's precise
    > situation is and what advice the lawyer really gave. I know that MY
    > advice gets misinterpreted from time to time.
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

NOLA_Dave

Keeping in mind Mr. F's caveat that your situation may not be what we think it is, I offer this:

My wife was here as an F1 student. She kept going to school until we got the first NOA after filing her I-485, then she left (after notifying her DO). She was in an ESL program, but after we got married and we decided to stay in the US for the time being, she figured it was a waste of money to keep paying for English classes. Obviously, if you're in a degree-granting program, it probably isn't in your interest to drop out before you finish.

After she left school, she traveled on an AP and was readmitted with no problems. Later on, she got her CPR with no problems, and her schooling never came up in her interview (other than I mentioned she was here learning English when I met her). As always, your mileage may vary, but we never had a problem.

As was previously mentioned, however, if your petition fails, you will be out of status and ready for deportation. If you stay eligible for your F1, you won't have to leave even if you fail. Maybe your lawyer thinks your petition has a high risk of failure?

Just Jenney

Sounds to me like you used the F1 student visa as a means to immigrate, not to study. A previous post where you detailed your intentions backs up this presumption.

Otherwise I don't know why you would have such a problem maintaining your F1 visa status. It's for studying, not coming to the US to get married. That's why you got it in the first place, right?

I agree with the others that there is probably a good reason why your attorney feels the way he does on this. Of course, you are probably better off consulting another attorney for a second opinion, rather than relying on a bunch of laypeople on an internet forum.

~ Jenney

Folinskyinla

Hi:

Interesting. But again, I hesitate to comment on the advice of other lawyers -- We don't know what facts were related to the lawyer and what the lawyer said. To be honest, I tell my clients that I like to see paperwork rather than hear their description -- not that they are lieing, but that they don't know what is relevant.

Also, lawyers have all experienced clients who search until they find the answer they want. Nothing wrong with getting second opinions -- lawyers debate the issues all the time. But I've had several instances of where I give advice on a complicated case -- client hires someone else with the "guarantee" and then I have to quote a fee three times as much for the janitorial work.

Peachfaith

    > > I met with a lawyer today and he told me that while my AOS is
    > > pending
    > > I have to maintain my F-1 status. Meaning, I will have to go to
    > > shool
    > > full time until I get an interview and green card. And that could
    > > take a up to 2 years!!! He said that I can work full time with the
    > > EAD they give while the application is pending but I must also
    > > maintain 12 credit hours, this is virtually impossible to do!! He
    > > said that I will be considered out of status if I stop going to
    > > school
    > > even after my AOS is filed.
    > > I told him this didn't makes sense and all he could tell me was it
    > > depends on how a person interprets the law. So, I guess that means
    > > it
    > > depends on how the immigration official interprets it. I know lots
    > > on
    > > here have not maintained the status they entered the country on once
    > > they put in for AOS.
    > > This just doesn't make sense to me...I thought once I put in for AOS
    > > my status changes to I-485 pending. I thought that my F-1 student
    > > status would sort of be done with. Please let me know your thoughts
    > > on this. Thanks!
    > > --
    > > Posted via http://expatforums.com
    > Sounds to me like you used the F1 student visa as a means to
    > immigrate,
    > not to study. A previous post (http://britishexpats.com/forum/showthrea-
    > d.php?t=329941&highlight=peachfaith) where you detailed your
    > intentions
    > backs up this presumption.
    > Otherwise I don't know why you would have such a problem maintaining
    > your F1 visa status. It's for studying, not coming to the US to get
    > married. That's why you got it in the first place, right?
    > I agree with the others that there is probably a good reason why your
    > attorney feels the way he does on this. Of course, you are probably
    > better off consulting another attorney for a second opinion, rather
    > than
    > relying on a bunch of laypeople on an internet forum.
    > ~ Jenney
    > --

I think I have been misunderstood....I had no intention of getting
married or immigrating when I got my I-20 almost 4 years ago. I had not
even met my fiance at that point in my life and I wasn't even in a
relationship. Thanks for the replys though. I agree that the lawyer is
an idiot!!!! I will definately be seeking a second opinion.

I just want to do things right, that's why I seem so concerned about the
whole dual intent thing. The only eligable category I can use to apply
and tranfer schools for the fall is as an international studet since I'm
not a citizen and don't have a green card. But can I still use that
category if I'm getting married soon? I don't know. I really want to
be able to continue school in the fall and not have to take a semester
off. This would be so easy if I wasn't moving states!!! So you see my
dilema? :confused:

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