Proving right to study while pending I-485 (and with EAD)

[KVE 29]

I've applied for a community college and they have told me I cannot study without a proper student visa. I have told them about my pending i-485 and my EAD and the International Student Services have put a hold on my account since I don't have the visa they want.

Every time I call them they keep asking for my I-94 and my passport and proper visa. I keep telling them I am able to study because of my pending I-485 and EAD, I even told them about my NOA1 and they told me I was wrong.

The worst thing is a university in Ohio accepts the NOA1 (I-797C) and even removed their international student services fee. They also accept me to in-state tuition. I can't keep doing classes there as a guest student, because I've maxed out the available credits I can take as one.

Is there any way to prove it to them, I've found these so far but they are not in Ohio:

http://grad.uga.edu/index.php/incoming-students/information-for-new-students/university-system-of-georgia-residency-policy/
http://www.gradadmiss.gatech.edu/lawful-presence

I need to be able to convince this community college's International Office that they are wrong, which they are.

[Dohan 133]

They are wrong, you can study while adjusting status. Show them all those documents which are listed in the links you shared here. Show them copy of your I 94, your visa (Fiance visa K1), your passport, etc. They stupidly think you don't have status (probably) but you do. Just keep pushing, ask to speak to the supervisor if the people are being thick headed.

Explain to them that you are pending green card application and employment authorization, that you entered the country with a fiance visa, so you are NOT out of status and you DO have the right to be enrolled in classes, full time.

Does this community college have a website? Maybe it says something on there?

[KVE 29]

They are wrong, you can study while adjusting status. Show them all those documents which are listed in the links you shared here. Show them copy of your I 94, your visa (Fiance visa K1), your passport, etc. They stupidly think you don't have status (probably) but you do. Just keep pushing, ask to speak to the supervisor if the people are being thick headed.

Explain to them that you are pending green card application and employment authorization, that you entered the country with a fiance visa, so you are NOT out of status and you DO have the right to be enrolled in classes, full time.

Does this community college have a website? Maybe it says something on there?

The website doesn't say anything. And the supervisor is the one telling me all of this. I told her all of that. And still the same result.

[Marco&Bettina 502]

The website doesn't say anything. And the supervisor is the one telling me all of this. I told her all of that. And still the same result.

Ombudsman?

[Dohan 133]

Sorry, just to be clear, you went there in person and showed them all those documents and they still said no? Maybe ask to see any written requirements, they need to have some official guide on what it is they want you to show them.

It could just be that particular school, is it the only uni in the area you want to be studying at? I've just tried looking around the USCIS pages and DHS but I can't find anything. But I am a naturalized citizen (I know it says K1 but that's my fiance) and I was allowed to study when my family did AOS back in the day. This sounds like a case of people who just have no clue my friend.

Maybe you could try to show them print outs from these schools? You clearly have the legal right to be here, what do they want to see? Did they say they want you to have an EAD? Have you got a SSN yet? Maybe that could help

Check out this thread, you might find something helpful http://www.visajourney.com/forums/topic/276473-studying-while-the-aos-is-in-process/

It's a few years back but maybe something might help, there was a member there from your state.

Edited January 30, 2015 by Dohan

[Brother Hesekiel 2,236]

The school is correct.

The K-1 is a single entry, NON-immigrant visa. Until you have either received your EAD (assuming you filed an I-765 with your AoS package), or successfully have adjusted status to that of a resident, you are not authorized to work and you are authorized to study on US taxpayers' dime.

[Dohan 133]

OP is not expecting to study for free. So he is not studying on anyone's dime.

[aaron2020 11,651]

To those insisting that the college is wrong for not enrolling a person who is here on a non-immigrant visa with a pending AOS have the "right" to attend college, please provide a cite.

[KVE 29]

To those insisting that the college is wrong for not enrolling a person who is here on a non-immigrant visa with a pending AOS have the "right" to attend college, please provide a cite.

I'm also interested. I've noticed a couple of university mention it on their website.

[Dohan 133]

http://www.ice.gov/doclib/sevis/pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf

[aaron2020 11,651]

http://www.ice.gov/doclib/sevis/pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf

That takes care of everyone with a current visa.

What about a person with an expired K1? What authorizes that person to study?

[KVE 29]

That takes care of everyone with a current visa.

What about a person with an expired K1? What authorizes that person to study?

Does anyone know if/where the AoS (I-485) says we have the same perks as the visa we had when we applied?

[kzielu 1,149]

Does anyone know if/where the AoS (I-485) says we have the same perks as the visa we had when we applied?

Nowhere. it only talks about "period of authorized stay" if I am not mistaken, which doesn't anybody a legal resident.

Why do you expect to have the same "perks" ? That would make absolutely no sense, what if your AOS is denied ?

[KVE 29]

Nowhere. it only talks about "period of authorized stay" if I am not mistaken, which doesn't anybody a legal resident.

Why do you expect to have the same "perks" ? That would make absolutely no sense, what if your AOS is denied ?

I mean, like for example the K-1 is authorized to study any number of high education hours. But AoS doesn't say anything, just says we can stay while pending I believe.

Does that mean we can't study when the K-1 expires? Or does the pending AoS continue the perks (education) that K-1 allowed (or the previous visa before adjustment of status allowed)?

If I get denied AoS that would be terrible, would have to shut down my business and ask my wife to return to the UK with me which she can't do because I don't have a job there. So I would need to leave my wife and kids behind and return, find a job and apply for a visa to bring them over. That would suck big time, especially with the recent UK immigration changes over the last couple of years.

Edited February 3, 2015 by KVE

[Sonia01 0]

On 03/02/2015 at 12:37 PM, KVE said:

I mean, like for example the K-1 is authorized to study any number of high education hours. But AoS doesn't say anything, just says we can stay while pending I believe.

Does that mean we can't study when the K-1 expires? Or does the pending AoS continue the perks (education) that K-1 allowed (or the previous visa before adjustment of status allowed)?

If I get denied AoS that would be terrible, would have to shut down my business and ask my wife to return to the UK with me which she can't do because I don't have a job there. So I would need to leave my wife and kids behind and return, find a job and apply for a visa to bring them over. That would suck big time, especially with the recent UK immigration changes over the last couple of years.

Hello guys, I have my EAD , I am still expecting the interview schedule with my husband for the green card...I am wondering if I can study with the EAD only while waiting for the gc

 

Thank you so much guys...any info would be very helpful