Do I need to maintain my full time F-1 status while my AOS is pending? 4 Answers as of June 15, 2011

Right now, I am an international student on F1 visa and my parents are US citizens. I'm 26 years old and unmarried. They filed my petition on Jan-2006. I have filed my AOS on Oct 2010 and after biometrics and other procedures, I got interviewed for my green card in Feb 2011 but the IO said me the visa is not available for this time, so we can not give you visa. Now, my question is: do I have to maintain my F1 full time student status? Do I have to follow all the international student laws while my AOS is pending?

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Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
No, not technically. You are in an authorized stay while your adjustment application is pending. The advantage to maintaining the F-1 is in the unlikely situation that you are denied and need a lawful status to fall back on. If that is not a concern for you, then you do not need to maintain the F.
Answer Applies to: Virginia
Replied: 6/15/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
I would recommend that you maintain F1 status because you need to be in status to adjust.
Answer Applies to: Texas
Replied: 6/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
That is an interesting question. Technically, as long as your adjustment is pending, that application gives you status to remain in the US. You can apply for travel and work cards separately while your case is pending. So you do not actually need to retain that underlying status. My one concern would be about when you last entered the US in F-1 status- meaning did you intend then to continue with school and also did you intend then to file for your adjustment of status application. If you did not intend to go to school when you entered, that can be construed as visa fraud. In the latter situation, that could be considered immigrant intent and visa fraud. These are sort of different but related concerns so be careful about that! So I would stress that the normal answer is no, you don't but that you really need a full consult with a competent immigration attorney before you can determine if your case is an exception to that rule!
Answer Applies to: California
Replied: 6/14/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Since an immigrant visa is not yet available for you, you need to maintain your F-1 status while your petition is pending. Or, you may leave the country and wait abroad.
Answer Applies to: Washington
Replied: 6/14/2011
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