F-1 Withdrawal: Marriage based Green Card

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Hello, I have applied for Marriage Based Green Card. EAD and Advance payroll have been already approved and received it few weeks back. Currently I am working using the EAD Card. I-485 was scheduled for interview in March but has been canceled due to COVID-19 Pandemic. Now I asked my University if I can withdraw my F-1 Status. They are saying I must maintain my F-1 status. This is my 3rd semester in the University and asking me to pay for $6000 as the next semester fees. Due to this current situation and considering the financial stress me and my wife are discussing to withdraw classes from the University. I am seeking for advice about this withdrawal, whether it will be a good decision or not? If I withdraw will there be any effect on my I-485 interview? Also do I need to change my Visa to any other visa like K-1/fiancé visa? Thank you.

Attorney Answer

1
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
You present a known legal dilemma when a foreign national faces a decision to either maintain one's lawful status or let it lapse. Realistically, one may adjust even on a lapsed lawful status during that One Stop AOS to LPR, however, we have seen cases when a foreign national with a lapsed visa and a DENIED adjustment of status application (usually done on one's own) was placed in removal proceedings. Consider discussing all pros and cons with an experienced attorney during a remote encrypted legal discussion.
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