Can I file an I-485 with an expired I-94? - EB5Investors.com

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

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

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.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

No; you must be in valid status.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

It depends on how long you were out of status.

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