Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
U.S. Citizenship and Immigration Services announced today new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
Discussion Topics, Thursday, July 22, 2021:
The following settlement was reached in Li v. USCIS in favor of the OPT and STEM OPT applicant students suffering from delays and rejections:
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.
Here is a question from a community member: