ISSUES OF REGULAR ATTENDANCE FOR F-1 STUDENTS IN THE CONTEXT OF 245(K) OF INA
December 2024
Our firm has successfully represented a client who was facing deportation because of an erroneous denial by USCIS of his I-485 application. The client had entered the United States on an F-1 visa. He was later petitioned by his now employer for a green card. In 2020, the USCIS wrongly alleged that because he had been required to repeat some courses due to attending less than 75% of classes in a term and that he had failed to maintain lawful F-1 status. After the client's I-485 was denied and he was placed in removal proceedings, the client came to us for representation in his removal proceedings and to resubmit his application for adjustment before the Immigration Judge. Our office successfully argued that he had never failed to maintain his F-1 status as he continued to maintain a full course of study, maintained regular attendance in compliance with the institution's attendance policy, and made normal academic progress, completing his program in good standing in 2015. Our office successfully argued that the F-1 rule for colleges and universities gives the Designated School Official (DSO) discretion to certify what is considered a “full course of study” for F-1 purposes. The DHS does not explicitly define what is considered “regular attendance” nor “normal academic progress”. Rather, institutions have set their own criteria in the form of their attendance policy and requirements for academic progress required for maintaining their F-1 status with the institution. Read On
