Skip to main content

AOS by marriage withdrawal. Can I reinstate my F-1?

Chicago, IL |

I entered the US legally with F-1 visa and had maintained my status till the receipt date of my AOS. My marriage is falling apart. Even my husband is willing to continue the petition, I don't want to come in the interview and lie. If I withdraw the I-485 now, can I apply for re-instatement for F-1? Does the international office help me w/ it or I need to hire a lawyer? I only have 1 quarter left to finish my degree, can I continue classes while waiting for approval? Does the re-instatement affect my future eligbility like OPT, CPT or H1-B?

I just missed 1 quarter, stop going school in Jan 2013 and currently working with my EAD. Does it consider working without authorization?

Attorney Answers 2


Since you have not yet accumulated any unlawful presence, the easiest would be to obtain a new I-20 and return to your home consulate and apply for another student visa. Reinstatements often take many months and you will not have a status while you are waiting and few options if this is denied.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

Mark as helpful


I agree with my colleague.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

Education law topics

Recommended articles about Education law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics