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
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally, if you file a non-frivolous I-485, that will allow you to stay in the US while the application is pending.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI 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
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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
Find an EB-5 Visa Lawyer: Immigration AttorneyWhat do you mean you filed an I-130 extension? An I-130 is not an application for extension of status, or change of status.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.