Legal Question in Immigration Law in Iowa

485 Denied. What status am I now?

Hello, I arrived on F-1 with D/S. I applied for AOS about a year later. When the 485 was denied, is my status back to F-1 with D/S or am I considered illegal now?


Asked on 5/21/09, 11:58 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: 485 Denied. What status am I now?

Dear Inquirer:

If you have been maintaining your student status, i.e. attending school as a full-time student, then arguably you have retained your F-1 status. Since an F-1 cannot be an intending immigrant, however, the USCIS could revoke your F-1 status due to the filing of the adjustment of status, because that makes you an intending immigrant.

Depending on the reason your AOS was denied, you may be able to refile or renew your application in removal proceedings.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/23/09, 2:03 pm
Elaine Martin Law Office of Elaine Martin

Re: 485 Denied. What status am I now?

If you maintained your F-1 status - complied with the coursework requirements of the I-20 and did not travel and return on Advance parole, you may still be in F-1 status. You should check with an attorney to review your specific facts.

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Answered on 5/22/09, 9:10 am


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