You may be wondering how long you can stay after I-485, otherwise known as adjustment of status. This is a common question immigrants have since a pending green card interview can take quite some time, and you may not want to have to return to your home country to wait. The good news is that the USCIS is quite understanding of this, allowing immigrants options that they can take advantage of during the adjustment of status waiting period. So, keep reading to find out how long you can stay after I-485 and whether or not you can work while your I-485 is pending.
Staying in the U.S. with a Pending Adjustment of Status (Form I-485)
Adjustment of status, or form I 485, allows immigrants who are eligible for a green card to apply within the United States without having to return to their home country. This is an option often taken advantage of by those who have entered the U.S. with a temporary visa and have maintained lawful status and are now eligible for a green card.
Although adjustment of status is a great solution that allows you to transition from a temporary stay to being a green card holder, it can take quite some time. In fact, the general waiting period for a green card can stretch anywhere from several months to several years. Every step of the adjustment of status process will take time, with the wait time for your interview ranging between a few weeks and several months.
The good news is that most adjustment of status applicants are allowed to stay in the U.S. while their case is pending, as long as they maintain legal status.
Travelling While Waiting For a Green Card
Because it takes quite some time to get a green card, you may need to travel while your case is pending. The USCIS allows this as it is common for individuals to need to return to their home country temporarily to make moving arrangements. However, you must take great care anytime you are traveling while an immigration case is pending.
If you need to travel, you must request an advance parole for green card, which gives you official permission to travel while your case is pending. Without an advance parole, the USCIS may label your adjustment of status application as abandoned, resulting in you needing to apply all over again.
Also, if you need to move while your green card case is pending, you need to alert the USCIS about this in advance. This is a legal requirement for all immigrants with pending green card cases and will also ensure that the USCIS has an up-to-date mailing address.
Can You Work While Your Green Card is Pending?
Even if you are waiting for your green card interview, you may be able to apply for employment authorization documentation, otherwise known as a work permit. A work permit grants you the legal ability to work in the United States, even if you haven’t received your green card yet.
For many people, getting an employment authorization document is essential for being able to remain in the U.S. and support themselves.
What Could Delay a Green Card Interview?
It can take several months before you are able to get in for your green card interview for a variety of reasons. This is very dependent on each individual situation, as well as how many people are currently applying for green cards. Sometimes the USCIS has a significant backlog, which results in longer wait times as it has to sort through more applicants.
Certain cases may also take longer due to background checks, past immigration history, and country of origin. You could also run into delays if your application isn’t complete or isn’t entirely accurate, resulting in requests for additional evidence.
Because of this, it is important to hire an immigration attorney to assist you with your case so that you can avoid running into delays. An attorney can help you with the entire application process as well as track the progress of your case. Your attorney can also help you prepare for your green card interview so that you know what to expect and can provide accurate and consistent information.
How to Maintain Legal Status While Waiting to Get Your Green Card
Once you begin the process of applying for a green card, there are certain things you need to keep in mind. Although this provides you with certain protections, you still need to maintain legal status until you actually have your green card in hand.
Here are some tips on how you can maintain legal status while your case is pending:
- Only travel with permission from the USCIS.
- Apply for employment authorization documentation so that you can legally work while waiting.
- Stay up-to-date with how your case is progressing.
- Make sure your address is up-to-date so you can receive USCIS notifications.
- Do not violate any terms of stay.
- Avoiding any altercations with the law.
- Hire an immigration attorney.
Hire an Immigration Attorney Today
Are you worried about unlawful presence during a pending adjustment of status? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I stay in the U.S. if my visa expires after I file I-485?
Yes, if you have filed for adjustment of status, this will protect you from unlawful presence, even if your current visa expires as you are waiting.
How long does it take to get the green card interview?
There is no specific timeline you can expect regarding when you will be able to attend your green card interview, as this is dependent on multiple factors. However, this can generally take anywhere between one month and six months. Whereas the entire green card application process typically takes anywhere between 8 and 18 months.
Can I travel while waiting?
Yes, but only if you receive advance parole, which will protect you from having your case labeled as abandoned.
