When an individual applies for lawful permanent residency (LPR) in the United States, they must file an application for adjustment of status, also known as Form I-485. While this application is pending, many applicants are unsure of their immigration status and what they are permitted to do. In this article, we will discuss what your immigration status is while your I-485 is pending, whether you can stay in the US, work or study, and whether you need to renew your current non-immigrant status.
If your I-485 application is pending, you may be in a period of “authorized stay.” This means that you are allowed to remain in the United States while your application is being processed, even if your previous visa or status has expired. However, it is essential to note that authorized stay is not the same as lawful status. You are not in lawful status while your I-485 application is pending, and your authorized stay will end if your application is denied.
Yes, you can stay in the U.S. while your I-485 application is pending, as long as you are in authorized stay. You may also be eligible to work and study while your application is pending.
If your non-immigrant visa expires while your I-485 application is pending, you will be in a period of authorized stay. However, if your application is denied, you will need to leave the United States immediately. It is always a good idea to apply for an extension of your non-immigrant visa if it is set to expire while your I-485 application is pending.
You can continue to study in the United States while your I-485 application is pending. However, if you are on a student visa, you will need to maintain your full-time student status and keep your student visa valid. You can also apply for a change of status if you want to switch to a different non-immigrant visa category.
In some cases, you may be eligible to work in the United States while your I-485 application is pending. To do so, you will need to apply for an Employment Authorization Document (EAD) using Form I-765. If your EAD is approved, you can work for any employer in the United States.
However, if a person has filed for an I-485 and utilizes an EAD, they will lose their valid non-immigrant status. In the case of an F-1 student or H-1B visa holder, they will be considered to be in I-485 pending status, which means they are no longer in F-1 or H-1B status. For example, if you’re an F-1 student and your I-485 is denied, you can still stay in the US while you finish your studies. However, if you use a EAD you automatically lose your F-1 status, which means that if your I-485 is denied you’ll need to leave the country immediatly.
If you have a non-immigrant visa, you do not need to renew your visa while your I-485 application is pending. However, you may need to apply for an extension of your status if it is set to expire while your application is pending. If you are unsure about your current immigration status, it is always a good idea to consult with an experienced immigration attorney.
While your I-485 application is pending, you may be in a period of authorized stay that allows you to stay, study, and work in the United States. However, it is crucial to understand the specifics of your situation and maintain compliance with immigration regulations to ensure a successful immigration journey. If you have questions or concerns about your immigration status, don’t hesitate to reach out to an experienced immigration attorney for guidance. At Dominguez Law Firm, PLLC we are dedicated to serving the immigrant community and it is our firm belief that no one should have to navigate the process alone. If you or a loved one needs assistance with an Immigration matter contact us today or schedule a consultation online to determine how we can help you.