Dallas, TX asked in Immigration Law for Texas

Q: Seeking to abandon green card application. Will I lose my current F1 visa if I abandon green card application?

I originally applied for AOS through marriage but my husband and I decided to instead move back to my country with my family. We feel strongly about this and would like to abandon the green card as neatly and honestly as possible. However, I need to finish my degree on my F1 status for another year and a half. Will abandoning my AOS application that has not been completed also revoke my current F1 status and therefore hamper me from entering the US on the multiple entry visa that is good until 2018?

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1 Lawyer Answer
Christina Marie Turovskiy
Christina Marie Turovskiy
  • Immigration Law Lawyer
  • Cleveland, OH

A: If you already filed for AOS, as you indicated, then you actually already violated your F-1 status. F-1 is a nonimmigrant status. As soon as you file for AOS, you are putting the government on notice of your immigrant intent (a violation of the nonimmigrant status). You should contact an immigration attorney in order to assess and better understand your options moving forward, as you may be at risk of triggering removal proceedings and/or affecting your admissibility depending on your next steps.

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