Posted by: nepal2amrika November 1, 2019
F1 + TPS to AOS Experience
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Hello,

I was wondering if anyone could share your experience while adjusting your status from TPS/F1. I am a full-time student working in my field of study with a TPS EAD. I wanted to maintain my F-1 SEVIS records and assumed taking classes would be enough to maintain my F1 status. I am now preparing my I-485 documents and my attorney is suggesting I cannot consider myself to be in F1 status since I used my TPS EAD. According to my attorney, if USCIS determines that I was not in F-1 at the time of filing this application, they may deny my I-485, even if I was in the US legally as TPS at the time of filing. My attorney thinks listing TPS as my current status should be a safer alternative as I was in F-1 status while my TPS was approved and TPS could be used to establish a continuous lawful presence in the US. But with active SEVIS records, I am worried if not mentioning F1 status will red flag my application. If anyone had similar case as mine, I would highly appreciate it if you could share your experience. And if you did, could you please share what you put down for your current non-immigrant status on the I-485 form?
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