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 immediately.
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, 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.
Filing Form I-485 to adjust your status marks a critical step in the process of becoming a lawful permanent resident. However, during the time your application is pending, your status falls into a unique category that carries both opportunities and limitations. Understanding what you are permitted to do during this period and what you are not can help prevent costly mistakes that may impact your case.
Although you are not considered to be in lawful immigration status while your I-485 is pending, you are typically in a period of authorized stay, meaning you are not accruing unlawful presence. This distinction is crucial, as it affects your ability to work, study, travel, or maintain other non-immigrant benefits. For those uncertain about how their specific visa category interacts with a pending I-485, we encourage you to schedule an appointment with our office for a tailored review.
Two crucial benefits often accompany a pending I-485: Employment Authorization Document (EAD) and Advance Parole (AP). Both benefits are optional and require separate applications; however, they significantly impact your mobility and ability to earn an income while awaiting a decision.
However, using these benefits may affect your underlying non-immigrant status. For example, F-1 and H-1B holders who use an EAD are considered to have abandoned their original status and switch to a “pending I-485” classification. If their green card application is later denied, they cannot resume their F-1 or H-1B without leaving the country and applying for a new visa.
Dominguez Law Firm regularly assists clients in Coral Gables and across Florida with both the EAD and Advance Parole process. You can learn more about the services we offer by visiting our services page.
For those on visas such as F-1, H-1B, or L-1, maintaining your original non-immigrant status while your green card is pending is often preferable. Doing so allows you to continue your activities, such as working for a specific employer or studying full-time, without disruption. If your green card is denied, you can generally remain in the U.S. as long as your visa is still valid.
However, if you rely solely on EAD or Advance Parole benefits and allow your original status to expire, your options become limited if the I-485 is denied. At that point, you are typically out of status and must leave the country unless you can pursue another form of relief.
For marriage-based applicants or those applying through a family petition, this balancing act can be particularly sensitive. Learn more about how these factors come into play on our family-based petitions page.
Leaving the United States while your I-485 is pending without approved Advance Parole can result in automatic denial of your application. This rule applies even if you have a valid visa or previous permission to re-enter the country. If you’re planning travel while awaiting adjustment of status, ensure your Advance Parole is approved before leaving the U.S.
There are limited exceptions for certain dual-intent visa holders (e.g., H-1B and L-1); however, for most individuals, departing without parole is a risky endeavor. Also, if you entered the U.S. without inspection or have prior immigration violations, Advance Parole does not guarantee you will be allowed back in. Each situation needs careful legal evaluation.
Applicants who file I-485 through a family or employment-based petition may have dependents who also apply as derivative applicants. These include spouses and children who are eligible to adjust status based on the primary applicant’s petition. It is essential to understand that each derivative must file their own I-485 and may also be eligible for EAD and Advance Parole.
If the primary applicant’s I-485 is denied, it often results in a denial for all dependents unless they have their own independent basis for adjustment. This makes it crucial to closely monitor timelines and maintain non-immigrant status for all family members throughout the pendency period. At our firm, we assist clients in aligning their I-485 filings and work authorizations across entire households to reduce the risk of disruption.
Although filing Form I-485 may stop the accrual of unlawful presence, it does not restore the lawful status that was previously lost. This distinction is essential in cases involving status violations, overstays, or prior removal orders. In some cases, filing I-485 after a period of unlawful presence can trigger bars to reentry, even if the application is ultimately approved.
Applicants who accrued over 180 days of unlawful presence may be barred from reentering the United States for 3 years. Those who accrued over a year face a 10-year reentry bar. There are waivers available for certain family members, but navigating these issues requires strategic planning. Dominguez Law Firm provides in-depth legal support to clients who are uncertain about how past overstays or prior denials may impact their current case.
Adjusting status is a highly technical process, and each step involves deadlines, documentation, and strategic planning. Whether you’re transitioning from a student visa or applying through a family member, having legal guidance helps ensure your forms are accurate, your rights are preserved, and your case stays on track. If your situation involves appeals, prior removals, or hardship waivers, visit our Appeals Services page to learn more about how we assist with complex filings.
A pending I-485 application places you in a delicate position that requires careful attention to status, documentation, and deadlines. The Dominguez Law Firm supports individuals and families throughout the United States with adjustment of status, work authorization, and family-based petitions. We offer clear legal options tailored to your immigration goals. Contact us today to protect your path to lawful permanent residency and avoid unnecessary risks.