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At which point will I no longer be an international student?

Geneseo, NY |

I've been married to an American citizen for a year but I'm still on F-1 visa. We are going to apply for green card through marriage very soon, but I was wondering what happens to my F-1 visa status. My understanding is adjustment of status will change my F-1 status to green card holder but will I be an international student until I get actual green card or will my status change sooner in the process? Is that before or after the interview?

Attorney Answers 4

Posted

It appears that you are in F-1 student status at this time. If you are approved for permanent resident status based on the I-485 interview, then at the moment of approval, your status will change, or "adjust," to that of permanent resident.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Asker

Posted

Thank you for your answer. So will I know whether I am granted green card or not at the interview or will I have to wait a little after the interview? Also, if I fail to get green card, will I have to stay enrolled in school to try again? I am worried because I may not be able to afford next semester and I may take a leave of absent.

Michael Hugh Carlin

Michael Hugh Carlin

Posted

It depends on the interview. Sometimes the officer tells you at the interview that you are approved. Other times, the officer says they will let you know later. Please know that if you stop attending school, your F-1 status will not be valid any longer.

Posted

As far as immigration is concerned, you are an international student as long as you are maintaining your F-1 status.

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.

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Asker

Posted

Do you mean that even after getting permanent residency, I will be an F-1 visa student if I still go to school?

J Charles Ferrari

J Charles Ferrari

Posted

Permanent residency terminates your F-1 status.

Asker

Posted

Okay, thank you for your answer.

Posted

You will cease to be an F1 when your application for permanent residence is approved and you will adjust status at that time.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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