Questions and Answers > EB-5 Forms

What happens if my I-94 expires while my I-485 is still pending?

My EB-5 I-526 has been approved and I already filed the I-485 because I am in the United States visiting my kids. My I-94 will expire soon. What will happen if it expires, but my I-485 is still pending? Will I be considered as overstaying?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on April 24, 2015

  If you filed the I-485 based on the approved I-526 prior to expiration of your I-94, you remain in the authorized period of stay until your I-485 is adjudicated. It is not a status, but you are authorized to stay in the United States by the Attorney General to await a decision on your case and you are also authorized to apply for work authorization and travel document (advance parole) while your I-485 is pending unless you have already applied as part of your I-485 packet.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 8, 2015

  As long as your I-485 was filed prior to the expiration of your nonimmigrant status (I-94), then you remain lawfully present in the United States and you will continue to be eligible for adjustment of status as long as you do not work without authorization or violate other laws. You will not be overstaying, nor will you accrue any unlawful presence.

• Robert Lee

  Immigration Attorney

  Answered on April 1, 2015

  It is ok as long as your I-485 is processing. If something happens to the I-485 and you are denied you will have to leave; anytime you are here beyond the denial will be considered as overstaying.

• John J Downey

  Immigration Attorney

  Answered on April 1, 2015

  Seek an extension for your current date on the I-94.

• Jinhee Wilde

  Immigration Attorney

  Answered on March 31, 2015

  No, your status is AOS pending, which is a legal status.

• Lynne Feldman

  Immigration Attorney

  Answered on March 31, 2015

  No, you are in a period of stay authorized by the Attorney General.

• Shahzad Q Qadri

  RC Creator

  Answered on March 31, 2015

  No, if your I-94 expires while your I-485 is pending, it should not have any impact on your status.

• Anthony Korda

  Immigration Attorney

  Answered on March 31, 2015

  Once your I-485 has been accepted for processing by USCIS, you may remain lawfully in the United States. However, unless you have Employment Authorization or an unexpired visa that permits employment, you may not lawfully work in the United States during this period. For specific advice about your case consult an experienced immigration attorney.

• Gregory Romanovsky

  Immigration Attorney

  Answered on March 31, 2015

  Thank you for your inquiry. The expiration of your I-94 should have no effect on the already pending I-485 application. Good luck.

• Denyse Sabagh

  Immigration Attorney

  Answered on March 31, 2015

  If you filed your I-485 while you were in a valid non-immigrant status, you are allowed to remain in the United States until the I-485 is decided. If you applied for work and travel authorization at the same time and they are going to expire, you may also file for an extension.

• BoBi Ahn

  Immigration Attorney

  Answered on March 31, 2015

  You are authorized for stay in LAWFUL status in the United States during the pending period after your I-485 is filed. You are not "overstaying" even if your I-94 expires during this time. You should, however, have filed for an advance parole and work permit simultaneously with the I-485 so that you are authorized to work and travel during this time.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 31, 2015

  There are certain immigration regulations that provide protection for similar situations. Keep copies of your I-485 receipt notice handy. Also, if you had not done so with the I-485, you can apply for employment authorization and advance parole (travel authorization).

• J Bruce Weinman

  Immigration Attorney

  Answered on March 31, 2015

  You are fine. The requirement is that you are in status at the time of filing for adjustment of status.

• Stephen Berman

  Immigration Attorney

  Answered on March 31, 2015

  You are not required to be in valid nonimmigrant status as long as your application for adjustment is on file.

• Yevgeny Samokhleb

  Immigration Attorney

  Answered on March 31, 2015

  When you filed the I-485, you automatically gained legal status to remain in the United States while the application is pending. Thus, you will not be overstaying. You are not supposed to leave the United States while the I-485 is pending. If you do, it will be denied.