Questions and Answers > EB-5 Forms

Can I file an I-485 with an expired I-94?

Can I file I-485 even if my I-94 is expired after my EB-5 case is approved?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on July 14, 2020

  If you have been out of status, you are not eligible to adjust if filing based on an EB-5 approved petition.

• Stephen Berman

  Immigration Attorney

  Answered on July 13, 2020

  It depends on how long you were out of status.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 13, 2020

  Typically, no. There are some exceptions to file late, but that is usually for an I-140 filing, not I-526. I would need to learn more about long ago the I-94 expired to figure out what would be next for you.

• Charles Foster

  Immigration Attorney

  Answered on July 13, 2020

  No; you must be in valid status.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 13, 2020

  No. You must be in valid nonimmigrant status in order to file your I-485 based on an approved I-526 petition. There are some limited exceptions, such as extraordinary circumstances beyond your control, but you should seek legal advice from an experienced immigration attorney to see if your situation might qualify for such an exception.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on July 13, 2020

  You need to be in lawful status at the time of I-485 filing. If your I-94 has expired, then you are likely not eligible to file for adjustment.

• Lynne Feldman

  Immigration Attorney

  Answered on July 13, 2020

  It is only allowed if you are in another status. I -485 requires you have always maintained status every day you were here for this category.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 13, 2020

  Yes, you can.