They told me the waiting time for interview will be 14.5 months to 20 months USCIS received my case 6/14/2018. This page will help you determine when to file your adjustment of status … You need the receipt for the adjustment of status, not the I-130 for her to be in a period of authorized stay. The U.S. immigration process is complex and can be confusing, and is equally true with immigration jargon. Even if the person gets into the U.S. they still cannot adjust status to permanent resident. If the priority date is current, you may be eligible to apply for an adjustment to permanent resident status if you are already in the U.S. and if one or more of the following categories applies to you: Family member You either have an approved family-based immigrant visa petition or are filing it concurrently, whenever possible. Can I get my Adjustment of Status? While it’s still possible to adjust your visa status while in the U.S. illegally, the process becomes more expensive, complicated, and time-consuming. You may also want to file requests for a work permit and “advance parole” travel document so that you can work and travel freely while waiting for a decision on your AOS application. I am a Canadian with a Tourist visa (B2 visa) in the USA. Until such point she will be out of status if her I-94 has expired. Below are three ways paths to get a green card through adjustment of status. ⏰ It’s not as bad as it sounds as overstay is forgiven for immediate relatives of USCs. If you are applying for a green card from within the United States with Form I-485, then you are applying through the adjustment of status process. Green card applicants inside the United States are eligible for employment authorization (work permit). Eligibility to Adjust Status. If you do have have above visa, or your visa is not valid or expired, before you leave the United States while waiting to be called in for and interview on your adjustment of status application, you should apply for a permit called "Advance Parole," using Form I-131 issued by … Renew Expired Drivers License With Pending I-485. Introduction. While consular applicants must wait until they arrive in the U.S. with permanent resident status, adjustment of status applicants may obtain an employment authorization document (EAD) and accept work while waiting for U.S. I have already receive my EAD card and will expired … Some adjustment of status applicants do not even require an interview. Let’s say our Chinese wife gets into the United States on her B-2 visitor’s visa. I-131 is the advance parole document, which will allow the applicant to travel outside the United States while the adjustment of status is pending. Wait Times There is no time limit on when USCIS must make a decision after an interview in an adjustment of status case. The way this works is this: even though you apply for adjustment of status, you keep your H-1 or L-1 status, UNLESS you USE a marriage-based EAD card. After the 90 day period expires, the K1 visa holder will be in the U.S. unlawfully. You should note that this automatic 180 extension of the Employment authorization only applies to certain categories and adjustment of status applications is one of these categories. Adjusting status (I-485) means your fiance(e) and K2 children can live, work in the US and travel. I had visited USCIS office. Documents Needed for a K1 Visa Adjustment of Status So you can move onto submitting the adjustment of status application immediately after receiving I-130 Receipt Notice. Good news — in December 2020 and January 2021, there is no wait time! While there is no official timeline, the USCIS does aim to make a … This means a pending I-485 adjustment of status or unexpired immigrant visa (I-551 stamp). A visa issued for multiple entries (denoted under “entries” with a certain number (2, 3, etc.) If your visa number will not become available prior to the expiration date of your J-1 visa, then it’s generally a good idea to apply for an extension of your J-1 status — or apply for a different type of visa (such as a B-2 visitor visa) — in order to stay in the United States while you wait for your green card. Adjustment of status time frames can vary greatly from person to person, depending upon his or her particular circumstances and visa classification. But let’s say that the individual gets in to the U.S. on B-2 or ESTA – can she now file for adjustment of status. This article refers to … USCIS can take several weeks to approve a COS. If your current F-1 status expires while processing your status adjustment, there are two options available. Technically, your license expires with the I-20. This extension begins on the date your current EAD card expires and continues for up to 180 days unless your new EAD card application is denied. But to remain in the US with you, he/she needs to marry you and adjust status to a permanent resident. No! Waiting period until a visa number becomes available. The applicant might face accusations of visa fraud upon applying to adjust status. I am current waiting for my green card interview based on family based adjustment status (I-485). An eligible child of an LPR will be classified as V-2. Citizenship and Immigration Services (USCIS) to approve the green card. or “M” for multiple/unlimited entries) is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that: Prior to 2018, timelines for this process were usually between 5 to 6 months from start to finish. The I-485 and I-765, along with other forms, are typically filed concurrently. Will I get a Work Permit after applying for Adjustment of Status? Fiance(e) K1 visa Adjustment of Status (I-485) process. We got married in August and she overstayed the visa. Whether or not you can work while waiting for the approval of certain forms can depend on your unique situation. Typically, when a family member files a petition for you while you are in the US, you can simultaneously file for adjustment of status and get a green card as long as you meet the requirements. 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