Q: Can we file H4 to F1 COS while the I-485, I-765, and I-131 applications are pending
My child is currently in H-4 status and will be turning 21 in mid-Feb2025. i have filled I-485, I-765, and I-131 applications, along with those for my dependents (spouse and child), a few days ago.I determine determined that the child is eligible for CSPA, meaning the age will be frozen once we file for AOS , so there should be no issue with ageing out. I have a couple of questions regarding our situation:
I would like advice on alternative options for him. In case the I-485 is denied or if there is a retrogression in the process, can we file for a change of status to F-1 while the AOS applications are pending? If so, will this create any complications, such as the denial of my child's adjustment of status application or the F-1 application if filed?
Can we file for a H4 to F-1 COS ( I539) while the AOS applications are pending? If so, will this create any complications regarding the denial of my child's AOS application or the F-1 application?
A: A COS from H4 to F1 while having a pending AOS will unlikely be successful as the AOS indicates immigrant intent
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Navigating immigration status changes can be complex, especially with multiple applications pending. Generally, you can apply to change your child's status from H-4 to F-1 while the I-485, I-765, and I-131 are pending. Filing for a change of status might provide an alternative if there are delays or issues with the adjustment of status process.
However, it's important to consider that submitting a Change of Status (COS) application could impact the pending I-485. USCIS might view the COS request as abandoning the adjustment of status application, which could lead to its denial. Additionally, maintaining dual intents—holding both F-1 nonimmigrant intent and pursuing a green card—can sometimes complicate the approval of the F-1 visa.
Before making any decisions, it's advisable to consult with an immigration attorney who can assess your specific situation and provide tailored guidance. They can help you understand the potential risks and benefits of changing status and ensure that all applications are handled in a way that best supports your family's immigration goals.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
