maintain F1 status after AOS application??

speedyGonzales

Registered Users (C)
Beneficiary applied for AOS based on an approved i-130, and is currently enrolled full time as F1 student, does the Student have to maintain F1 status until I-485 approval? or able to stop taking full time classes and risk a SEVIS cancellation?
The 485 receipt and biometrics are done.
 
No. They do not have to maintain any status while I-485 is pending. They could stop taking classes or whatever. They could also choose to maintain status if they want.
 
No. They do not have to maintain any status while I-485 is pending. They could stop taking classes or whatever. They could also choose to maintain status if they want.

Thank you for the quick reply, can you please mention the source?
 
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it's on your own risk but most of the AOS cases are adjudicated with success. In the rare cases it gets denied then keeping F1 status would protect you from deportation proceedings.
 
it's on your own risk but most of the AOS cases are adjudicated with success. In the rare cases it gets denied then keeping F1 status would protect you from deportation proceedings.

Thanks, although we don't foresee any issues with the AOS adjudication , just that fact that there will be a cancellation noted on SEVIS is bit disconcerting. So if for any reason 485 doesn't get adjudicated, USCIS won't consider the AOS waiting period as legal status?
 
Thanks, although we don't foresee any issues with the AOS adjudication , just that fact that there will be a cancellation noted on SEVIS is bit disconcerting. So if for any reason 485 doesn't get adjudicated, USCIS won't consider the AOS waiting period as legal status?
AOS doesn't give you "status". But "status" doesn't really have that much significance. But you are authorized to stay in the US when AOS is pending regardless of whether you have status, i.e. you won't be deported for being out of status. Also, regardless of whether AOS is approved or denied, the period when a timely-filed AOS is pending is not counted towards "unlawful presence" for the purposes of the unlawful presence ban; however, that's not really important in your case because as an F1 student who was admitted for "D/S", there is no date on your I-94 for you to stay past, so you don't automatically accrue "unlawful presence" anyway. (Being "out of status" does not trigger "unlawful presence".)
 
AOS doesn't give you "status". But "status" doesn't really have that much significance. But you are authorized to stay in the US when AOS is pending regardless of whether you have status, i.e. you won't be deported for being out of status. Also, regardless of whether AOS is approved or denied, the period when a timely-filed AOS is pending is not counted towards "unlawful presence" for the purposes of the unlawful presence ban; however, that's not really important in your case because as an F1 student who was admitted for "D/S", there is no date on your I-94 for you to stay past, so you don't automatically accrue "unlawful presence" anyway. (Being "out of status" does not trigger "unlawful presence".)

thanks for your reply
 
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