I am currently on an O-1 visa that expired in July 2023. I filed a timely I-130 extension in June 2023, and the application is still pending. If I file for an I-485 now, would I be allowed to stay in the U.S. until the green card is adjudicated? If not, how can I stay?
Answers
Bernard P Wolfsdorf
Immigration attorneysGenerally, if you file a non-frivolous I-485, that will allow you to stay in the US while the application is pending.
Lynne Feldman
Immigration attorneysI need more facts to answer. Did you extend the O-1 or file an I-130 through some type of family relationship - if so, what is the relationship?
Belma Demirovic Chinchoy
Immigration attorneysThe question is, do you have a valid I-94? If yes, then you can file Form I-485 (assuming all other eligibility criteria are met). Speak with a lawyer.
Stephen Berman
Immigration attorneysWhat do you mean you filed an I-130 extension? An I-130 is not an application for extension of status, or change of status.
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