My I-526 has been approved, and I have already filed the I-485, as I am currently in the United States visiting my children. However, my I-94 will expire soon. What will happen if it expires while my I-485 is still pending? Will I be considered as having overstayed my visa?
Answers
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIf you filed your I-485 before the expiration of your I-94, you are allowed to remain in the US for as long your I-485 remains pending.
Lynne Feldman
EB-5 Immigration attorneysIf your I-485 is on file and you left the U.S. with advance parole (travel permit), then the I-485 will be denied. If you came before filing the I-48 and are still here, it is fine that your nonimmigrant I-94 has expired – you are in a period of stay authorized by the Attorney General and legal to remain here.. Just be sure if you do want to travel outside the U.S. that you apply for a travel permit and receive this before leaving so you don’t abandon the I-485 inadvertently.
Natalia Morozova
EB-5 Immigration attorneysIf your I-485 has been filed you will not be in an overstay you will be an applicant for an adjustment of status and can remain in the US while I-485 is pending.
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.