After filing Form I-485, do I need to maintain my non-immigrant status too? (2024)

FAQs

After filing Form I-485, do I need to maintain my non-immigrant status too? ›

The green card processing time will take several months. Although maintaining non-immigrant status is no longer required once you file Form I-485, it's always a safe strategy to continue meeting the obligations of the non-immigrant visa (if possible) that got you here in the first place.

Although maintaining student status is no longer required once you file the immigrant application and receive the I-485 receipt notice (PR pending), there is a practical benefit to maintaining your legal F-1 status in the event that the adjudication result is not approved.

The Form I-485 examines the beneficiary's prior immigration history, any criminal history, and any other reason that the beneficiary might be inadmissible as a permanent resident. USCIS will take the beneficiary's fingerprints, mandate a medical examination, and conduct a background check.

After you file Form I-485 with USCIS, they will confirm receipt of the case for processing by issuing a Form I-797 Receipt Notice. This notice will include important information, including your USCIS receipt number, which can be used to track the progress of your case.

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.

As an applicant for adjustment of status with a pending I-485, you do not need to extend your I-94 to maintain lawful status in the United States, as long as your application is still pending and has not been denied.

If you have already filed the I-485 application, you are in "authorized status." Losing your job, in and of itself, does NOT automatically jeopardize your status. You will remain in status until USCIS reviews your case (calls you in for an interview) and denies the I-485 application.

Go to our Case Status Online page and use your Form I-485 receipt number to look up your case status. Submit a case inquiry if you think your application is outside of our normal processing times. Call our USCIS Contact Center at 800-375-5283.

What employment history is required for a green card application? When you apply for a green card through marriage or a family member, the U.S. government will want to know where you've worked for the past five years. If you're applying from abroad, that period generally expands to the past 10 years.

A missing supporting document from the I-485 checklist, such as a certified police report for a moving violation or passport-style images, would serve as an example. Another illustration would be an application that was turned down because it was sent in after the deadlines indicated on filing charts.

What happens after adjustment of status is filed? ›

After you file your application, USCIS will review your case to determine if you are eligible for adjustment of status. If USCIS determines that you are ineligible for adjustment of status, they may deny your application or refer your case to Immigration Court for removal proceedings.

What Is the 90-Day Rule? According to 9 FAM 302.9, an alien who engages in conduct inconsistent with their nonimmigrant status within a 90-day period of entering the US may become inadmissible for the Green Card or even permanently barred from entering the US.

The processing time for Form I-485 for family-based applications is currently 10–23 months (Boundless updates these figures monthly, based on analysis of USCIS data). Processing times for Form I-485 vary depending on your category of adjustment and which USCIS field office is processing the application.

If you are currently in the United States on a nonimmigrant visa, you may be able to stay and apply for adjustment of status. This will allow you to become a permanent resident and get a Green Card. Before you can apply for adjustment of status, you or someone else must file an immigration petition for you.

If you're an immediate relative of a U.S. citizen who entered legally (through a nonimmigrant visa, for example), you can apply for your green card by filing Form I-485, even if you overstayed a visa.

Some people can stay in the U.S. for the entire period of applying for a U.S. green card. Others must leave the U.S., either while they wait for a visa to become available (which can take years in some cases) or in order to attend their immigrant visa interview, which is the last major step in the immigration process.

Adjustment of Status

By filing Form I-485, Application to Register Permanent Residence or Adjust Status, applicants not only express their intention to become permanent residents but also can continue living in the U.S. while their application is pending.

As a subclass 485 visa holder, you can gain work experience in Australia, complete an additional qualification and/or live in a specified area of Australia for a prescribed minimum period to enable you to qualify for a further visa, such as a skilled permanent residency visa, or put you on a pathway to PR in Australia.

Although maintaining student status is no longer required once you file the immigrant application and receive the I-485 receipt notice (PR pending), there is a practical benefit to maintaining your legal F-1 status in case the adjudication result is negative.

You can travel while your adjustment of status is pending but you should be extremely careful not to jeopardize your application. People who apply for green cards do not have the same freedom to travel as citizens or permanent residents.