Therefore, it is unlikely that an officer will encounter this exemption due to passage of time. How it is work? Neither the INA nor USCIS places time restrictions on when the violation (or violations) must have occurred. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Do you guys have any input on this? U.S. 3 Installing Spyder I-485 (General) 08/24/2020 we received your response to our Request for Evidence for your Form I-485 08/12/2020 We sent a request for initial evidence for your Form I-485 Here's a partial list of eligibility categories Form I-485 To adjust your status, you must file USCIS Form I-485 (Application to Register Permanent Residents or Adjust Status) Form I-485 8 C.F.R. Or should I leave no since she did apply for an extension? See52 FR 6320, 6320-21 (Mar. Thank you all so much! I'd answer it as something along the lines of "B-2 extension pending". I Immigration Law Ask an Expert Ask a Lawyer Immigration Law Questions This answer was rated: Form I-485, Page 10, Q. I-90 or a DACA renewal). Secure .gov websites use HTTPS WebUnlawful presence may be triggered in any of the 5 ways listed below: 1. WebStand Up for Children. She can do the medical exam after filing I-485, if she wants:https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4"Applicants may submit the Form I-693 medical examination report to USCIS: Concurrently with the immigration benefit application; or At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. She has an appointment to complete the immigration exam this coming week so we can submit the I-485 form. good morning all, thank you for this thread I am also in same boat with my mother in law. Ask Your Own Immigration Law Question. DEPARTMENT OF HOMELAND SECURITY OMB I thought you have to do it together. In contrast, if USCIS denied the extension application, the applicant would have fallen out of status as of June 30 and would be barred from adjusting status, unless an exemption applies. I filed my case in Texas Service Center only about 45 days in advance of my expiry In the course of this further security check, the applicant must provide any missing or additional information using the DS-5535 form Expedited Removal (ER) was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) Nathanael Admission or admitted . Reddit and its partners use cookies and similar technologies to provide you with a better experience. In other words, if you have remained in the U.S. longer than the period authorized by the Immigration Officer when you entered the U.S. in any visa category, you must apply for a visa in your home country. First of all, if you are ever in doubt you are better off saying yes, I was out of status and yes, I was unlawfully present and let the consulate deal with that issue. I think you'll be fine as long as you did marry within 90 days window. You need to be a member in order to leave a comment. [13]. . [^ 45]See76 FR 23830 (PDF)(Apr. Untimely FiledEOS or COSApplication Excused and Granted by USCIS, USCIS generally denies EOS and COS applications when the applicant failed to maintain nonimmigrant status or when the applicants status expired prior to filing the application.

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