Maintaining F1 status while AOS pending

[metwa 1]

Hi, 

 

First of all, I want to say any help would be appreciated. Here’s my situation. In 2016, I came to the US as an international student and attended a private school. In 2017, my mom (who is still in my home country) got married to a USC (my step dad). I then was moved to my step dad’s city to live with him. Here I attended a public school, which is legal because I was allowed to attend a public institution for 1 year if my parents/guardian is a USC. But since it was a public institution, it didn’t have the authority to issue me my I-20 form. Back then, I didn’t know much so I did not inform any government officials about my change. I am also not sure if my public school did.

 

Fast forward to now, I have received my EAD and SS# but I have not used my benefits for anything except applying for a drivers permit/ license. I am going to college next fall, my new college issued my my new I-20 with a new SEVIS ID on it and asked me to pay the I-901 fee. 

 

I do not know if I have been out of status or not, nor do I know how to check my status. I used the SEVIS website but that did not work. I want to maintain my F-1 status because that’s what got me here and also if my AOS did not go through, I can still stay in the US and finish my education. 

 

If anyone has been in my situation before, do you guys have any experiences? Also, what steps should I take now, should I pay the I-901 fee and would that be all I need to do? Are there any ways I can check my status? If I am to be out of status, should I apply for reinstatement and would that be considered immigration fraud since I’m having a pending I-485? Should I seek help from lawyers? Thank you so so much for reading, please give me any advices if possible :) Have a nice day!

[Boiler 45,499]

My understanding is that public schools can and do issues I 20's so wonder what the basis of your attendance was?

[arken 4,197]

I believe you are referring to secondary/high school. In any case, if your transfer from one school to the other was done without the formal SEVIS process, then yes you are considered to be out of status as in SEVIS record, you were attending the initial private school and just stopped attending one day.

 

You will probably encounter the issue in this F1 transfer to the new college process.