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How can I stay in the U.S. with an expired I-20 and an approved I-526?

I am an international student on F-1 visa. My I-20 expired on Dec 14, 2018. I am still in the country using my 90-day grace period. Yesterday, I was noticed that my I-526 case was approved. I am not subject to the visa retrogression. Instead of going back to my home country for the consular interview, do you think I can just stay in the U.S. and use the grace period as my legal status to file an I-485?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Your EB-5 attorney will be able to advise you as to your current legal status and the legal ability to file your application for conditional permanent residency while you are now in the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Then grace period after the F-1 expiration is 60 days. If you file ASAP you should be fine.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is not advisable to stay out of status, unless your I-485 is filed as soon as possible within the 90-day grace period and the USCIS acknowledged the receipt of your I-485 application.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Congratulations on your I-526 approval. That is very exciting! You have a 60-day grace period to file your I-485 application. I advise you to do the filing right away. I am assuming that you are already working with an immigration attorney who has helped you so far with your I-526 approval. You will be well advised to go back to the attorney or any other experienced immigration attorney for the I-485 filing. Best of luck!

  • Avatar

    Olga Karasik

    Immigration Attorney
    Answered on

    Yes, you can.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Consult with an immigration attorney who can assist you with the options.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Your grace period should be deemed legal status and should allow you to adjust if you have an approved and available immigrant visa.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Although your I-20 may be expired, if you have a D/S notation on your I-94 entry stamp, you may file the I-485 adjustment immediately. The grace period for F-1 is 60 days, not 90 days.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The grace period is only 60 days but yes, you can file your I-485 prior to the end of the grace period and remain here.

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    Ying Lu

    Immigration Attorney
    Answered on

    If you are eligible to file an I-485, you should file it as soon as possible. Do not wait until the last minute.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you are still in a valid status of your 90-day grace period and you have an approved I-526 petition and want to stay in the U.S., you should immediately apply for Adjustment of Status on Form I-485, assuming visa numbers are available. Once you timely file, you can contemporaneously apply for employment authorization, travel documents and Advance Parole, which should be issued depending on your jurisdiction within approximately four months. The key is that you will be able to remain in the U.S., and after four or five months when you have the Advance Parole, you will be able to travel.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    First, it is only a 60-day grace period. Provided you have never been out of status before, you can likely file to adjust status in the US immediately. Contact your immigration lawyer to prepare and file as soon as possible.

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