What happens if I am an F-1 student with a pending I-485? 3 Answers as of April 22, 2011

Thank you so much for giving me the chance to solve my problems. I came to US March 2009 (on F-1 visa). Since then, I got a new I-20 from the college I am attending now. I got married in January 2011 and my husband is a citizen here in US. So I started to apply for the green card. I got my receipt , finished fingerprint in March. And I am going to the interview in May. So that means my adjustment of status is pending right? Now I have some concerns about my school. At this point of my case, do I still need to maintain to be a full time student status (because I enter US on F-1 visa which I have to take 12 credits to maintain my student visa)? If I show the receipts I received to the international student office, are they going to do anything to change my status? Do I still have to pay the out-of-state tuitions for the next semester even I get my green card before the Fall 2011 starts since I have been living in the US? Thank you again. Hope you professional people can help me figure out what I should do. Look forward to the reply. Really appreciate it.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Your question is not so much about immigration law, it is about your school status. You are correct that your adjustment of status for permanent residency is pending, and if all goes well, you will get that status immediately after the interview. You should inform your school after your immigration status changes.

Rules concerning out-of-state tuition vary from state to state. After your adjustment of status, inform your school that you are now a legal domiciliary of your state of residence. Your immigration status and your marriage to a state resident will prove that. Whether there is a waiting period for in-state tuition is a matter of state law.
Answer Applies to: Washington
Replied: 4/22/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes your adjustment of status is pending. You should go to the international student office and request a change of status at least in connection with the per credit fee you are paying. If you are in CA, you will be charged the same as Californians pay if you have been here for at least one year because that makes you a CA resident. You do not have to continue to maintain a full time status as any period of unlawful presence will be forgiven as a USC immediate relative. Also, your pending adjustment is also a buffer against unlawful presence since you are in transition between one lawful status to another. I would not lose sleep over this. Good luck! Aime M. Katambwe, Esq. WorldEsquire Law Firm 25050 Avenue Kearny, Suite 111 Santa C
Answer Applies to: California
Replied: 4/22/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you have a pending AOS based on marriage to a U.S. citizen you DO NOT have to maintain your full-time F-1 status. However, if your AOS is denied and you have not maintained your F1 status, then you would be deportable from the U.S. since you would no longer have any valid status. Regarding whether you pay in state or out of state tuition, that is determined by the schools rules and guidelines and not immigration law.
Answer Applies to: California
Replied: 4/22/2011
Click to View More Answers: