Going to graduate school while name-check is pending

K

k.ambrose

Registered Users (C)
Hi all,
Hope things are going on well in here :). As several of you may know, I had my AOS interview on 12th September and was approved with the FBI name-check pending. I would really appreciate it if someone could shed light in regards to my upcoming situation.

I am currently working with an EAD (obtained through the AOS process) and am planning to enroll in a Ph.D. program next Fall. I spoke to the Graduate Admissions office of one the universities that I plan to apply to and the officer told me that I have to apply under a F-1 visa as long as I do not have my LPR status and green-card in hand. My question is has anyone else gone through a similar situation? I am hoping that me applying to attend graduate school does not impact my AOS in any way. Please share your inputs and experiences.
 
That's a load of BS. I'm currently attending college on "AOS pending" status. They gave me the same BS when I first applied last year but then I just opened the law books and showed them that "AOS pending" is a valid status. I don't remember where exactly I found it, so you'll have to do a little digging. They just need proof.
 
k.ambrose,

looks like you can work for the university but not study at it. :p Just kidding, I know it doesn't make intuitive sense and the general consensus from what I read about it online is that pending AOS does not prevent you from enrolling at a university.

you can find some info about this subject by googling:

aos pending "can I study"
aos pending enroll
pending aos "attend college"

Two good discussions are here:
discussion 1
discussion 2

Unfortunately, I didn't find the applicable law. Most things you'll find are for nonimmigrant visa classes. I found several college applications online that had "AOS pending" as one of their choices. I also found a document about NY resident tuition for those who have filed for AOS. It appears states might handle your residency differently, but federal immigration laws don't prevent you from enrolling (resident or non-resident tuition classification might apply).
 
since you don't need and cannot get a non-immigrant status while AOS is pending, you will be able to study in AOS status. You will not be an international student. If you need to work on your assistantship, you will use your AOS EAD. Other than that - no F-1 for you. The school will not have a SEVIS record for you, because you are not in F-1 status and will not be in it.

ANd how would they expect you to change your status to F-1 anyway?????

Residency for tuition purpose is a completely different issue.
 
Thank you all. I heard back from a couple of schools that I am interested in and they either said apply as a PR or pending PR/AOS adjustment. So I guess that settles the admission category question.

The residency for in-state tuition is definitely a different issue, I agree. In my area of study, a doctorate program applicant is only accepted if funding is available for her/him from the dept; it could be in the form of being a Teaching Assistant or Research Assistant. I guess that's when my AOS-granted EAD would come in handy. Tuition and fees waiver are part of the Graduate Assistantship; whether in-state, out-state or international.

Thank you so much everyone :)
 
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