Legal Question in Immigration Law in Tennessee

Current status while having permanent resident application pending?

I came to the US with a F-1 visa. Now I am having my permanent resident application pending and a working permit which was issued from the INS. I would like to know what is my legal current status. Am I still an F-1 student? If I want to go back to school, should I use the International Application?

Thank you.


Asked on 4/27/04, 11:42 pm

1 Answer from Attorneys
David Nachman Nachman & Associates, P.C.

Re: Current status while having permanent resident application pending?

Once an F-1 nonimmigrant student files for Adjustment of Status (AOS) their status falls into a gray area called "Applicant for AOS" or "AOS" (a protected status recognized by the Attorney General). Although there is nothing to preclude one from moving from valid F-1 status to being an Applicant for Adjustment of Status, we generally recommend to our clients that they obtain a "dual" intent visa before doing so in order that they can maintain an underlying dual intent nonimmigrant visa classification while the AOS process is being undertaken. If you should have any additional queries, please feel free to contact us at 201-236-9998.

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Answered on 4/28/04, 9:14 am


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