Applying for In state tuition/ Violate F1 Status?

[hope2018 25]

My sister is an international student on F1 visa. She filed AOS last year based on an existing F2B petition (dates for filing is current, but priority date is not current). She received EAD card already, but she has to wait till her priority date to become current to be considered for a green card, which would take about 1-2 years.  Parents are both USC and paid taxes for at least 5 years in the same state where she is studying. She lives with my parents.  She asked her university and was told she could apply for in state tuition petition because she is financially dependent on my parents, parents are USC plus she has EAD card and pending AOS application. 

She does not want to violate F1 status in case the AOS got denied. If she got approved for in state tuition, is that considered a violation of F1 status? 

Edited February 19, 2019 by hope2018

[azblk 338]

20 hours ago, hope2018 said:

My sister is an international student on F1 visa. She filed AOS last year based on an existing F2B petition (dates for filing is current, but priority date is not current). She received EAD card already, but she has to wait till her priority date to become current to be considered for a green card, which would take about 1-2 years.  Parents are both USC and paid taxes for at least 5 years in the same state where she is studying. She lives with my parents.  She asked her university and was told she could apply for in state tuition petition because she is financially dependent on my parents, parents are USC plus she has EAD card and pending AOS application. 

She does not want to violate F1 status in case the AOS got denied. If she got approved for in state tuition, is that considered a violation of F1 status? 

How did she file AOS when her priority date is NOT current? is her EAD based on that filing? if you file i-485 before your date is current, it will be denied.

Instate tution is between her and the state/school she resides in. USCIS has nothing to do with that.

Edited February 19, 2019 by azblk

[hope2018 25]

51 minutes ago, azblk said:

How did she file AOS when her priority date is NOT current? is her EAD based on that filing? if you file i-485 before your date is current, it will be denied.

Instate tution is between her and the state/school she resides in. USCIS has nothing to do with that.

 

USCIS web site showed she is allowed to file AOS based on "dates for filing chart" (her PD is current on this chart) on the visa bulletin instead of "final action date" so she filed for AOS. Her EAD got approved. She already had the interview and everything went smoothly. She just has to wait for PD to become current now. It would be nice if she can keep F1 status to fall back on in case AOS got denied and able to pay for in state tuition.

Edited February 19, 2019 by hope2018

[aaron2020 11,651]

Once she takes advantage of the EAD and gets in-state tuition, then there is no going back to the F1.  She will either successfully get her green card or be denied.  There is no going back to an F1 student once she accepts an AOS benefit.  

 

If she wants to remain an F1 student, then she has to pay international student tuition.  Once she pays in-state tuition, she is no longer an eligible F1 international student.  In-state tuition requires another status than an F1 international student.  That status is based on the pending AOS.  The benefit for in-state tuition is tied to the AOS.  

Edited February 19, 2019 by aaron2020

[USS_Voyager 1,971]

3 hours ago, aaron2020 said:

Once she takes advantage of the EAD and gets in-state tuition, then there is no going back to the F1.  She will either successfully get her green card or be denied.  There is no going back to an F1 student once she accepts an AOS benefit.  

 

If she wants to remain an F1 student, then she has to pay international student tuition.  Once she pays in-state tuition, she is no longer an eligible F1 international student.  In-state tuition requires another status than an F1 international student.  That status is based on the pending AOS.  The benefit for in-state tuition is tied to the AOS.  

I am sorry but I think a lot of this is wrong. First of all, as far as immgration is concerned, there is no requirement that international students must pay in-state tuition. How much and what rate the student pays is up to the school. In-state tuition qualification is granted to any student when the person that pays the tuition (yourself or your parents) pays taxes to the state where the university is located. Also, in private universities, there is no in-state or out-state, everybody pays the same including international students. In this case, the student’s parents are USC and pays taxes (presumedly) so there is no reason she can’t qualify for in-state tuition.

 

Second of all, it is possible to maintain a different non-immigrant status while waiting for AOS to approved. People do that all the time on H1B, more rare on F1, but it’s possible. Being granted an EAD via a pending I-485 does not change the person’s status. So as long as that person complies with all the requirements of an F1 student, she remain on that status. Now one thing that for sure breaks the F-1 status is using that EAD to work on a job that otherwise an F-1 is not eligible for. Otherwise It’s good.