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How can I stay and travel with an expired student visa and a pending EB-5 I-485?

My student visa and I-20 are going to expire on June 2018, but I have filed for an EB-5 I-485 (AOS) with USCIS and received the I-797C notice, in which they stated that they have cashed my check and I will receive my biometric appointment next. Since I have I-485 (AOS) under process with USCIS, can I stay in the U.S even after the expiration of my student visa and I-20? Am I allowed to travel in the interim?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    With a pending I-485 application, you become an adjustment of status applicant. You may be able to remain in the U.S. while the I-485 is pending. However, you should have a consultation appointment with an experienced immigration attorney who can look at your documents and give you proper advice about your overall situation and current developments.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can. Also, you can travel by filing an I-131, or application for travel document, and obtain an approval. Do not leave the country without filing an application; otherwise your pending I-485 may be considered abandoned.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you filed I-485 you will be in an authorized period of stay while I-485 is pending for a decision and after your F-1 expires (and if you do not continue to maintain an underlying F-1 status by going to school). If you filed for an advanced parole (Form I-131) and for employment authorization document (Form I-765), you will receive your card approximately three months after submission of your I-485. You will process for biometrics at your local USCIS field office once you receive a biometrics notice. Ensure you do not travel outside the U.S. before you receive an advance parole document. If you did not file applications for the above documents, you will need to file for them with a receipt notice of your pending I-485.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you can stay after the I-485 is filed, but you need to wait until your I-131 re-entry permit is approved to travel abroad.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to stay, but be careful if the I-485 is denied. If you also applied for advanced parole and employment authorization, you can travel and work until the I-485 is approved. Please consult with an immigration attorney who can assist with planning for these types of processes.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Upon proper filing of I-485, you are allowed to stay in the U.S. in an "adjustment pending" authorized stay. You cannot travel unless you obtain advance parole. Apply for it. Note, if you leave the U.S. without AP while I-485 is pending, you will have abandoned your AOS.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Within 90 days of the I-485 filing and ASC biometric appointment, you should get a combo EAD/travel card. Do not go out of the country until you have that in hand. You may not travel with just the I-485 receipt notice after your visa expiration. With the receipt you may stay under the AOS pending status, but it does not give you the right to travel overseas without the EAD/travel card.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can stay. You probably asked for work permission and travel permission when you filed the I-485. It is taking three to five months to get those permissions. Once you do, you can travel.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may remain in the U.S. with the I-485 pending but cannot travel until the I-131 travel permit is approved. Hopefully that and the I-765 were filed with your I-485.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You are indeed authorized to remain in the U.S. lawfully upon filing of your AOS and no longer dependent on the student status/visa. In order for you to travel during this time, however, you hopefully also filed for an advance parole (to travel abroad) and employment authorization document (to be employed).

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If you have made a valid filing of an application for adjustment of status on Form I-485 with an approval of your I-526 petition, you can only travel once you have applied for and obtained advance parole, which typically takes at least 90 to 120 days. Yes, if you made a timely filing of your application for adjustment of status, you could stay in the U.S. while your application is pending, even though the application is pending as your student status expires. You cannot travel until you obtain advance parole.

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