I have submitted the I-485 form, and a receipt number has been issued for processing. If my non-immigrant status expires before the I-485 is decided, does having the I-485 pending authorize staying in the U.S. until a decision is made? Or are further actions required?
Answers
Lynne Feldman
Immigration Attorneys DirectoryThat allows you to stay – it is not status but a period of stay authorized by the Attorney General. I do recommend you file for a work card and travel permit.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryA properly filed Form I-485 provides for a period of authorized stay while the application is being processed. Speak with your attorney to ensure your rights and immigration record are protected.
Ying Lu
Immigration Attorneys DirectoryYes, you may remain in the U.S. until a decision on your I-485 is made. However, if your I-485 is denied, you will be out of the status immediately.
Andres Echevarria
Immigration Attorneys DirectoryHaving a pending Form I-485, Application to Register Permanent Residence or Adjust Status, does not automatically grant lawful status or authorize you to stay in the U.S. However, if you filed the I-485 while you were in a valid non-immigrant status, you are generally allowed to remain in the U.S. while your application is pending, even if your non-immigrant status expires. Here are some key points to consider:
• Employment Authorization: You may apply for an Employment Authorization Document (EAD) by filing Form I-765, which allows you to work while your I-485 is pending.
• Travel Authorization: To travel outside the U.S. while your I-485 is pending, you must obtain an Advance Parole Document by filing Form I-131. Traveling without this document may result in the denial of your I-485 for abandonment.
No further actions are required to stay in the U.S. while your I-485 is pending, as long as you adhere to these guidelines.
Yuliya Veremiyenko-Campos
Immigration Attorneys DirectoryYou can stay in the U.S. as long as your I-485 remains pending, even if your nonimmigrant status expires. Having said that, I always recommend maintaining your nonimmigrant status till I-485 approval, if possible.
Rani Emandi
Immigration Attorneys DirectoryThe I-485 provides legal status, do you have an attorney when you filed?
Darren Silver
Immigration Attorneys DirectoryThe adjustment of status (I-485 form) allows you to stay legally inside of the United States until adjudication. You can rely on your adjustment of status pending as this is an authorized staying inside of the United States.
Charles H Kuck
Immigration Attorneys DirectoryThe 485 is your current status—Pending Adjustment Applicant. Hopefully you paid for an EAD and advance parole.
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