I have filed an I-539 to change my status from B-2 to F-1, and now it is pending. My I-94 expired while my I-539 is pending. I am an EB-5 dependent, and I can file I-485 soon. Is it good for me to wait for the I-539 decision, or can I ignore the I-539 and file the I-485? Due to the I-539 pending, there is about a month that I am out of status, what will happen to my I-485? Will I get an exemption for the out of status per INA 245(k)?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, Sec. 245(k) does apply to your case. I would evaluate your status or pending status at the time your priority date is current and you can file to adjust.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should file as soon as the visa is available.
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