Traveling with AP and Maintaining F-1

[gramercygreen 34]

Hi all,

 

Some background: I currently have a pending AOS application through marriage to a US citizen, and I am adjusting from my F-1 status. I would like to maintain my F-1 status during this process, in the (worst) case that my application is denied (I would like to complete my degree, which isn't slated to happen until mid-2021).

 

I understand that using the EAD issued from the I-765 under my AOS would violate the terms of the F-1, so I don't plan on using that at all in the months to come.

 

It's a little more unclear when it comes to traveling with advance parole. Would I be able to maintain my F-1 status if I traveled with AP while my AOS is pending?

[designguy 1,179]

4 minutes ago, gramercygreen said:

Would I be able to maintain my F-1 status if I traveled with AP while my AOS is pending?

I would think if you reentered on AP then you won't be in F1 status, which would mean that if your AOS is denied you would no longer have access to F1 status. Not 100% sure but would be my logical conclusion

[HRQX 4,145]

9 minutes ago, gramercygreen said:

Would I be able to maintain my F-1 status if I traveled with AP while my AOS is pending?

No. Upon reentry you won't be in F-1 status; you'll be paroled pursuant to Section 212(d)(5)(A) of the INA.

[gramercygreen 34]

21 minutes ago, designguy said:

I would think if you reentered on AP then you won't be in F1 status, which would mean that if your AOS is denied you would no longer have access to F1 status. Not 100% sure but would be my logical conclusion

 

14 minutes ago, HRQX said:

No. Upon reentry you won't be in F-1 status; you'll be paroled pursuant to Section 212(d)(5)(A) of the INA.

Got it. Guess I won’t be traveling until I have the GC in hand. Thanks everybody!