+1-800-997-1228
Questions & Answers

How can I stay in the U.S. if my current status expires but I have yet to submit an I-485?

I am currently in the U.S. on a student visa and my status will expire in Oct. 3 (the 60-day grace period included). My immigration attorney responded to a USCIS RFE on I-526 at the end of July. Hopefully, I will get an approval soon. If my I-526 is approved right before I am out of status, and if we do not have time to file the I-485 change of status before the expiration date, can I still stay in the U.S.? Also, how would I be noticed about the approval? If I check online and see my case is approved, but I have yet to receive the notice of approval in mail, can I stay in the U.S. legally?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you file the I-485 application before Oct. 3, then you can remain in the U.S. while the I-485 application is pending. You should ask your attorney these important questions.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are out of status by even one day, you are ineligible to adjust status. Do not go out of status because your adjustment will be denied.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you are out of status as a result of your F-1 visa expiration, you cannot stay in the U.S. just because your I-526 is pending. Considering that I-526 processing time tends to take a long time, it is advisable to leave the U.S. the moment your F-1 visa expires. In addition, you cannot simply wait to apply for I-485 later if you are out of status.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    You cannot stay here just because you filed an I-526 petition. You need to keep yourself in status (by extensions, change to tourist visa or to some other visa) in order to stay here until your I-526 petition is approved and your priority date is current, so you can then file an I-485. You must be in status to file an I-485.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If your current status has already expired, you may not be eligible to adjust your status based upon an approved EB-5 investor petition on Form I-526. When your case is approved, you will receive your copy of the approval notice by email as well as a hard copy of the approval by mail, as will your attorney. You can stay in the U.S., but once you begin to accrue unauthorized presence for more than six months, you would become subject to a three-year bar and ineligible to adjust status.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I would recommend leaving or getting a new I-20 for another semester if you wish to adjust status when the I-526 is approved.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, until I-485 adjustment of status is filed and received by USCIS, you are not in an application pending status. If you are out of status, you cannot file the adjustment of status.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Do not stay in the U.S. without lawful status. An I-526 approval is not a grant of status. Since you already have counsel, discuss these questions with them so you are in complete understanding of your options.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your lawful status ended at the end of your F status. Your attorney will guide you in this, but you will most likely need to consular process your IV.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.