Skip to main content

How is unlawful presence calculated after I-485 denial?

Edit: My mistake, I meant to post this in /r/USCIS!! Please let me know if I should remove this. Apologies.

I'm struggling to understand when I should leave the US, if my I-485 Adjustment of Status is denied, in order to avoid any legal consequences in the future. If anybody is able to clarify this confusion, I will be extremely grateful, and I appreciate your time reading this post regardless. Thank you.

From what I've been able to gather, I'm under the impression that while my I-485 is pending, I have permission to be in the US. And if my I-485 is denied, this is no longer the case.

From this logic it seems that unlawful presence would begin to accrue at the point of case denial, and I would accrue a period unlawful presence even if I left immediately after receiving the letter since it would take some days for me to receive the letter in the mail - is this correct? Will this, with no prior issues on my record, cause problems when attempting to re-enter the US in the future (in the case that I leave with 30 days of receiving a denial)? Should I be leaving the US before receiving the decision on my case in order to be safe?

(Secondary question: Are there consequences to not leaving the US at the time of expiry on tourist visa, when I-485 was pending prior to expiry hence not accruing unlawful presence?

To clarify, I'm confused and also worried by what I've read about violating the tourist visa expiry in combination of being "allowed" in the US due to pending I-485. With no other factors/infractions, would this scenario cause problems attempting to re-enter in the future?)

submitted by /u/talcrys
[link] [comments]

source https://www.reddit.com/r/immigration/comments/iakbsz/how_is_unlawful_presence_calculated_after_i485/

Popular posts from this blog

Form I-485, Application to Register Permanent Residence or Adjust Status -

Uscis.gov - USCIS August 28, 2024 at 05:12AM Form I-485, Application to Register Permanent Residence or Adjust Status Edition Date: 08/28/24. Starting Oct. 28, 2024, we will accept only the 08/28/24 edition. Until then, you can also use the 04/01/24 edition. You can find the edition date at the bottom of the page on the form and instructions. from RSS Feed

N-400 form {"data":null,"error":{"developerMessage":null,"userMessage":null}} message

A few questions: I filed my N400 naturalization on March 23, 2020. Nearly one year later on Feb 2021 they sent me a notice that they'll reuse my biometrics from my green card application, but they won't refund the biometric fee! At the same time April 2021 showed up on my account as the expected completion date. Last week, the status was "17 days". Today the estimated time of completion has disappeared!!! Any idea what that means? More importantly - When I click on "View PDF" link under "N-400 Application for Naturalization", to see my actual N-400 form, I get " {"data":null,"error":{"developerMessage":null,"userMessage":null}} " message! The form is also missing under "Documents -> Your Uploads" tab! So, it appears that my N400 form is missing! What does that all mean, considering that it's impossible to file without N400 form! Finally, under profile, My name is incorrectly sp...

Form G-1055, Fee Schedule -

Uscis.gov - USCIS October 11, 2024 at 09:02AM Form G-1055, Fee Schedule Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule. from RSS Feed