QUESTION
How can a H4 Dependent Student Study in US college with a Pending or Approved I-485 when he/she reaches 21 Years ??
Asked on Oct 02nd, 2020 on Immigration - Wisconsin
More details to this question:
My son is 17 years old and on H4 Visa. My Employer filing my I-485 along with my son's I-485 as well. When he reaches 21 years, he will be no more on H4 visa. Will his I-485 pending status enable him to stay and go to college in US? Can he study in I-485 as well as work on EAD ? Will he get GC as part of that I-485 even after 21 years ?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Assuming that you still do not have final visa availability at the time that your son turns the age of 21, your son may decide to put in an application for F-1 change of status although there is a good chance that it will be denied because of the immigrant intent that he has exhibited through filing the I-485 application. Barring a change of law, your son is only given credit under the CSPA for the period of time that the I-140 petition pended with USCIS. I note that as long as anyone's I-485 application is pending, he or she may continue to stay, study, and work (as long as he or she has employment permission). Hopefully some new law is passed that would alleviate his situation if you encounter the worst case. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 30th, 2020 at 11:24 AM