Pending AOS but can I study

[dmykel7 10]

Hi guys,

 

I am currently out of status but I've submitted my forms I-130, I-485 and etc needed for the necessary adjustment of status. I arrived on a B1/B2 visa and since then, I've overstayed because my wife and I decided to do the AOS procedure due to the COVID-19 issue.

 

Now, I want to do a Masters degree program while waiting for the process to take its course but I don't know what to apply as. I don't know if I can actually apply for the Student Visa also.

 

I think in a nutshell, my question is, considering I want to study for a MSc program, what do I apply as and how do I go about it?

 

Thanks

[NancyNguyen 1,657]

Contact the school you want to enroll and ask them if they take student with pending AOS. Every school has different enrolling policy. 

 

Forget any kind of non-immigrant visas / status once you are out of status, very difficult to reinstate your status. 

[SusieQQQ 11,586]

Yeah, F1 will be a total non starter. 

[Boiler 45,657]

You have to be in status to change status so a no goer and I doubt you want to try your luck with a visa.

[dmykel7 10]

You guys are total legends, thanks for the prompt and precise response. I appreciate it so much.

[carmel34 3,639]

You will be fine with a pending I-485 and should qualify for in-state tuition if you are applying to a public university, it depends on the state so check with the school to confirm:

 

4. Students with Adjustment of Status Applications Pending
Students who have filed USCIS Form I-485, Application to Register Permanent Resident or Adjust Status,
qualify for in-state tuition pending a decision on their application. The following are acceptable proofs of this
status:
 A USCIS Receipt Notice for the Adjustment of Status Application: Form I-797C indicating that the
receipt is for an I-485 Adjustment of Status application; or
 A USCIS Receipt indicating that the fee for the adjustment application has been received. This receipt
usually lists application type (in this case I-485), name of the applicant, alien number (“A” number) and
the amount paid; or
 Employment Authorization Card (I-766) with the code (c)(9) or (c)(24) 

 

Good luck with your master's degree!

[SusieQQQ 11,586]

17 minutes ago, carmel34 said:

qualify for in-state tuition pending a decision on their application

This is interesting, considering many states require a year’s residence to qualify for instate, which almost by definition someone with AOs pending from a tourist visa won’t have. 
 

 

[Boiler 45,657]

Seems a better deal than USC's moving States.

[NikLR 13,227]

1 hour ago, SusieQQQ said:

This is interesting, considering many states require a year’s residence to qualify for instate, which almost by definition someone with AOs pending from a tourist visa won’t have. 
 

 

It's possible to have instate tuition based on your spouse's residency.  But this varies by school and it's always best to contact the school directly. 

[SusieQQQ 11,586]

18 minutes ago, NikLR said:

It's possible to have instate tuition based on your spouse's residency.  But this varies by school and it's always best to contact the school directly. 

Sure. But the extract quoted just said AOS pending, and AoS could be from routes other than a spouse or resident family member, or equally would apply, as stated, to someone whose spouse had just moved states. I presume there are caveats that are not in that extract.

[carmel34 3,639]

35 minutes ago, SusieQQQ said:

Sure. But the extract quoted just said AOS pending, and AoS could be from routes other than a spouse or resident family member, or equally would apply, as stated, to someone whose spouse had just moved states. I presume there are caveats that are not in that extract.

Correct.  The caveat for most states is to present additional evidence to satisfy residency requirements.  In many states it is a year but it varies, and schools make the decision on a case-by-case basis.  OP did not say how long the B2 overstay was, but I assumed from the post that entry on the B2 was before the pandemic so February or March 2020, at the latest sometime in the Summer of 2020, and the master's degree program would likely begin in Fall 2021, so the one year requirement should be satisfied by then.  That's why I only focused on OP's question about documents needed to show status in the US, and no F-1 visa would be needed with a pending I-485.  Regardless of in-state vs. out-of-state tuition, OP can enroll at a US university now.  Worst case scenario, he/she may have to pay out-of-state tuition for one semester and then convert to in-state.

[HRQX 4,145]

6 hours ago, SusieQQQ said:

Sure. But the extract quoted just said AOS pending, and AoS could be from routes other than a spouse or resident family member, or equally would apply, as stated, to someone whose spouse had just moved states. I presume there are caveats that are not in that extract.

That is for CUNY: http://www.jjay.cuny.edu/sites/default/files/contentgroups/admissions/NYS Residency Qualifying Immigration Statuses_02_09_16.pdf (Page 2). Other school admission policies vary widely.

[SusieQQQ 11,586]

34 minutes ago, HRQX said:

That is for CUNY: http://www.jjay.cuny.edu/sites/default/files/contentgroups/admissions/NYS Residency Qualifying Immigration Statuses_02_09_16.pdf (Page 2). Other school admission policies vary widely.

Which is why OP was earlier advised to contact the school he wants to attend for advice.

[dmykel7 10]

17 hours ago, SusieQQQ said:

Sure. But the extract quoted just said AOS pending, and AoS could be from routes other than a spouse or resident family member, or equally would apply, as stated, to someone whose spouse had just moved states. I presume there are caveats that are not in that extract.

Hi, I should have clarified that, mine is through my spouse who is a citizen. Thanks

[dmykel7 10]

16 hours ago, carmel34 said:

Correct.  The caveat for most states is to present additional evidence to satisfy residency requirements.  In many states it is a year but it varies, and schools make the decision on a case-by-case basis.  OP did not say how long the B2 overstay was, but I assumed from the post that entry on the B2 was before the pandemic so February or March 2020, at the latest sometime in the Summer of 2020, and the master's degree program would likely begin in Fall 2021, so the one year requirement should be satisfied by then.  That's why I only focused on OP's question about documents needed to show status in the US, and no F-1 visa would be needed with a pending I-485.  Regardless of in-state vs. out-of-state tuition, OP can enroll at a US university now.  Worst case scenario, he/she may have to pay out-of-state tuition for one semester and then convert to in-state.

Your assumption was spot on, entry was Feb 2020 and the masters program is to begin in the fall as said.