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

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

If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful.

Can you legally stay in U.S. 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.

What happens if you overstay your I-94?

Overstaying by 180 Days or More Triggers Unlawful Presence Inadmissibility Bar. Anyone who stays continuously in the U.S. without a proper visa for more than 180 days but less than 365 days and then leaves is barred from returning to the U.S. for three years.

Can you stay in US while change of status pending?

The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).

Can I leave the US while waiting for adjustment of status?

If You Travel While Awaiting an Adjustment Interview You can travel, but must use great care. If you simply get up and go without getting official permission (called “advance parole,” described below), the law says you will have given up (or abandoned, in USCIS terminology) your adjustment of status application.

What is my nonimmigrant status while my adjustment of status is pending?

Q: What is my non-immigrant status while my adjustment of status is pending? While your current status is valid, you continue to live in the U.S. under that status. For example, if you are in H-1B status and your adjustment of status application is pending, you will continue to be in H1B status until it expires.

Can an overstaying adjust status in USA?

Generally, you must be in the United States legally in order to adjust your status. You can adjust your status even if you overstayed your visa – as long as you originally entered the U.S. with a valid visa or visa waiver.

What happens when you overstay?

If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years. This is because unlawful presence is one of the many U.S. grounds of inadmissibility, with built-in penalties.