Maintaining status after AOS question (SPLIT)

[R@_88 0]

Hi everyone!

Could somebody clarify one interesting moment for me.

Here is my story: I'm a lawful student and married on USC. We sent a whole pack to USCIS, all forms are in reviewing process, and recently received EAD card.

A question is: should I still keep my status up? Or I no longer need to attend my ESL school? 

 

 

Thank you in advance for any input!

 

Edited October 30, 2022 by Roman_88

[OldUser 6,726]

22 minutes ago, Roman_88 said:

Hi everyone!

Could somebody clarify one interesting moment for me.

Here is my story: I'm a lawful student and married on USC. We sent a whole pack to USCIS, all forms are in reviewing process, and recently received EAD card.

A question is: should I still keep my status up? Or I no longer need to attend my ESL school? 

 

 

Thank you in advance for any input!

 

It is advisable to keep the status up. It would also be great if you actually completed the studies and had certificate from the school. Otherwise, USCIS may think your student visa was used to enter and stay in the country instead of studying.

[R@_88 0]

19 minutes ago, OldUser said:

It is advisable to keep the status up. It would also be great if you actually completed the studies and had certificate from the school. Otherwise, USCIS may think your student visa was used to enter and stay in the country instead of studying.

My student visa was expired long time ago. I've been completed several schools by now. And never broke a law of being in lawful status.  

[Unlockable 7,314]

*** Posts split from another member's thread. Please do not ask question about your case in another member's thread.

 

VJ Moderation

[lovinglive 24]

7 hours ago, Roman_88 said:

Hi everyone!

Could somebody clarify one interesting moment for me.

Here is my story: I'm a lawful student and married on USC. We sent a whole pack to USCIS, all forms are in reviewing process, and recently received EAD card.

A question is: should I still keep my status up? Or I no longer need to attend my ESL school? 

 

 

Thank you in advance for any input!

 

From my understanding, once you received your NOA1 I-797 acknowledging your I-485, you are within status and no longer need the student visa status.  

 

You did file an I-485, correct?

[Redro 4,611]

17 hours ago, Roman_88 said:

Hi everyone!

Could somebody clarify one interesting moment for me.

Here is my story: I'm a lawful student and married on USC. We sent a whole pack to USCIS, all forms are in reviewing process, and recently received EAD card.

A question is: should I still keep my status up? Or I no longer need to attend my ESL school? 

 

 

Thank you in advance for any input!

 

 

16 hours ago, Roman_88 said:

My student visa was expired long time ago. I've been completed several schools by now. And never broke a law of being in lawful status.  

How long have you lived in the US? 
Have you only ever attended ESL schools? 
When you completed your course did you receive a certificate at all the schools? 
has your proficiency improved? 
Depending on the schools you attended and your country of origin leaving your school might be problematic. 
USCIS investigates F1 students who come over to work under the guise of studying at not quite legit schools… or studying English for many years with no sign of improvement. 

[R@_88 0]

12 hours ago, lovinglive said:

From my understanding, once you received your NOA1 I-797 acknowledging your I-485, you are within status and no longer need the student visa status.  

 

You did file an I-485, correct?

yep, I filed all forms concurrently. USCIS received my parole with papers in July. 

[R@_88 0]

2 hours ago, ROK2USA said:

 

How long have you lived in the US? 
Have you only ever attended ESL schools? 
When you completed your course did you receive a certificate at all the schools? 
has your proficiency improved? 
Depending on the schools you attended and your country of origin leaving your school might be problematic. 
USCIS investigates F1 students who come over to work under the guise of studying at not quite legit schools… or studying English for many years with no sign of improvement. 

9 years already. 
ESL mostly and one business school with computer classes, TOEFL, etc.

But all of them were accredited. 

[Redro 4,611]

23 minutes ago, Roman_88 said:

9 years already. 
ESL mostly and one business school with computer classes, TOEFL, etc.

But all of them were accredited. 

You are well within your rights to quit school now and start working. 

I would gather all the evidence showing all the courses and schools you attended were legit. Also, gather up all the certificates you received so you have them on hand at interview. 

More cautious people would advise you stay in school until you receive certification for the course you are attending right now... but if you were just going to school to maintain status and don't care about completing the course... 

 

[OldUser 6,726]

1 minute ago, ROK2USA said:

 but if you were just going to school to maintain status and don't care about completing the course... 

 

I think that's what a lot of immigration officers would think. 9 years of ESL schools is suspicious already, but add to that quitting the current school shortly after receiving EAD card. It is an additional factor negatively affecting the OP's case. Interview might be rough depending on OI and field office.

[R@_88 0]

2 minutes ago, OldUser said:

I think that's what a lot of immigration officers would think. 9 years of ESL schools is suspicious already, but add to that quitting the current school shortly after receiving EAD card. It is an additional factor negatively affecting the OP's case. Interview might be rough depending on OI and field office.

Even with an exception for the immediate relatives of U.S. citizens? 

[Redro 4,611]

1 hour ago, Roman_88 said:

Even with an exception for the immediate relatives of U.S. citizens? 

USCIS has a habit on sitting on cases where they suspect something isn't quite right. Hoping the marriage to the US citizen will fail... 

So, although you haven't done anything wrong and we all know overstay/working without authorization is forgiven if you have a USC spouse. 

Friendly advice is to make sure all the paperwork regarding your F1 status is in order and you bring it to the interview. 

Make sure all the schools you went to are still accredited and not blacklisted by immi. 

 

 

[SalishSea 17,850]

2 hours ago, OldUser said:

I think that's what a lot of immigration officers would think. 9 years of ESL schools is suspicious already, but add to that quitting the current school shortly after receiving EAD card. It is an additional factor negatively affecting the OP's case. Interview might be rough depending on OI and field office.

How in the world can someone afford to stay in the US for 9 years to attend ESL classes!?  Wow.

[OldUser 6,726]

4 minutes ago, Jorgedig said:

How in the world can someone afford to stay in the US for 9 years to attend ESL classes!?  Wow.

Exactly, the chance of USCIS asking this question is very high. If during AOS they determine F-1 was misused to live and work in the US, my understanding this could lead to them concluding the OP is inadmissible. Then the OP would be put in removal proceedings, would have to file waiver to be admitted back in the US etc. So yeah, that's why the OP is advised to collect all evidence / certificates for his studies.