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Will an F1-Visa holder, who is I-485 pending, but a soon-expired I-20 (days) stay in the US lawfully to wait for AOS decision?

Lawndale, CA |

Hello, please help me answer these questions.

My wife came to the US in 2008 with an F1 VISA. We got married 6 months ago and petitioned for her change of status to Lawful Permanent Resident. We had the AOS interview, but were missing some documents, which were supplemented, and now we are waiting for the decision from the AOS office.

The problem is my wife's I-20 form is expiring in a week. She received the AED and it is valid for 1 year (until June 2011), as well as a SSN.

Is it okay for her to NOT RENEW the I-20 and stay in the US using the Employment Authorization Document and the I-485 pending status?

Should she renew her I-20 now? To renew the I-20, we have to pay her school a sizable amount of money and we would like to save that money due the bad economy.

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Attorney answers 1


So long as her adjustment of status (I-485) case is pending she may remain in the United States. She does not need the I-120 renewed in order to remain while the I-485 is pending.

I am assuming that you have satisfactorily submitted the requested documents. If so, your decision should be coming soon. If for some reason your case is denied because you failed to submit sufficient documentation you can refile the adjustment case again if necessary,

Best of luck,

Peter J. Loughlin, Esq.
Goldman & Loughlin, PLLC
Representing Clients in All 50 States
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Note: The above answer is provided for informational use only and should not be construed as legal advice or legal opinion. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client

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