Phoenix, AZ asked in Immigration Law for Arizona

Q: Change of Status (I-539) from TPS to F-1?

I'm currently in dental school and TPS for my country will be terminated Jan 2020. At that time, I still have a year and a half before I graduate. Finishing dental school is my top priority. I've done some digging and it seems like I could get I-20 from my school and use I-539 to potentially get F-1 until I graduate. According to USCIS (https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter4.html), "For purposes of adjustment of status, a foreign national in temporary protected status (TPS) is in and maintaining a lawful immigration status as a nonimmigrant during the period TPS is authorized." If I understand that correctly I should be eligible to apply. Would I still need to prove non-immigrant content? I haven't been in my home country for nearly 20 years, so I don't have any ties there. What is the likelihood that I can just apply using i-539 and get approved? Also, if my I-539 gets denied will ICE be alerted to come take me out of school and deport me?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Adjustment of status refers to applying for a green card, not to F-1 student status. Talk with an experienced immigration attorney about your options.

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