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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/
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