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Can I stay in the US while my green card application is pending?
Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is “pending.” In other words, they can wait until their application has been decided upon by …
Can I stay in the US while waiting for adjustment of status?
When you use AOS, you’ll be able to stay in the United States while your application is processed, even if your visa expires before your green card is approved. The alternative to AOS is consular processing, which is when you apply for a green card from outside the United States.
Can you stay in US while I 485 is pending?
You have the right to remain in the United States while the application is pending. However, if USCIS denies the I-485 application, you could be forced to leave the United States immediately.
Can I file I 485 twice?
USCIS has said that only one I-485 per applicant may be filed at a time. If more than one I-485 is pending, USCIS may request that one of the I-485s be withdrawn. USCIS can only transfer the I-485 if a visa number is available for that I-140 petition.
How long does it take for adjustment of status to be approved?
8 to 14 months
The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.
Can I drive while waiting for green card?
You can simply travel to California and renew your driver’s license shortly before it expires. They’ll ask if your address is the same as shown and you can simply answer in the affirmative or you can provide them with a new address. They’ll make the necessary changes and issue you a new license during your visit.
Can I visit US while I 130 is pending?
Nevertheless, it is possible to visit the US with a pending I-130, and we have seen many clients do it. In these cases, individuals who do intend to immigrate permanently to the US at a later date may still have the option to visit temporarily before their immigrant visa case is approved.
Can I study during adjustment of status?
Yes, you can study while I-485 pending. You do not need an I-20 or F-1 status. And in fact you likely cannot go into F-1 status at this point because it requires that you not intend to immigrate on it at the time you get it, and you already intend to immigrate.
When to apply for an immigrant visa for adjustment of status?
An immigrant visa must be immediately available when the applicant files the adjustment of status application [1] and at the time of final adjudication. [2] The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
When is an applicant not eligible to apply for adjustment of status?
An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. [103] The bars to adjustment of status may apply to aliens who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law. [104]
Does USCIS notify the US Embassy when you adjust status?
Note: USCIS will not automatically notify the U.S. Embassy or Consulate that you have adjusted status and that your family members will apply abroad for their visas to join you. You must request USCIS to notify the U.S. Embassy or Consulate where your family intends to apply, and the U.S. Embassy or Consulate will provide all further instructions.
Can I apply for adjustment of status if I overstay my visa?
One exception is if you are applying for Adjustment of Status through marriage to a U.S. citizen. In such cases you can use AOS even if you overstayed on a visa, as long as you originally entered the United States with a valid visa or visa waiver.