How can I stay and travel with an expired student visa and a pending EB-5 I-485? - EB5Investors.com

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

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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).

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
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.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
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.

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.