Is I-485 pending considered a lawful status?

[samwreckless 1]

I came to the U.S. on a J visa and later filed for adjustment of status. My J visa duration of status is expiring while I have a pending I-485. Will I have a status with the pending AoS when J visa duration of status expires?

[Journey_Man 2]

Your presence is lawful. Your status is Foreign Person.

[EM_Vandaveer 2,408]

Do you have the 2-year HHR condition on your visa?

[samwreckless 1]

Do you have the 2-year HHR condition on your visa?

Yes, I do! And I have been given 12 weeks to apply for a j waiver and present it. The I/O asked me to use infopass and request an extension if my waiver wasn't approved by then. I am afraid that waiver gets approved late and they deny I-485. If that happen, how long do I have re-file?

[EM_Vandaveer 2,408]

I am not sure, hopefully someone will chime in. I am not quite sure what happens when a I-485 gets denied, but I suppose they would start deportation proceedings? I don't want to scare you, though...

You should have waited until you had your waiver and THEN applied for AOS,IMO.

[Teddy B 17,252]

I came to the U.S. on a J visa and later filed for adjustment of status. My J visa duration of status is expiring while I have a pending I-485. Will I have a status with the pending AoS when J visa duration of status expires?

Technically you will have no official status until the I-485 is either approved or denied, but you are not in an overstay or illegal status as long as the I-485 is pending. It's kinda like being in limbo. Did you apply for EAD/AP also?

Edited March 4, 2014 by Teddy B

[samwreckless 1]

I didn't apply for EAD yet. I might file for it this week.

[Teddy B 17,252]

I didn't apply for EAD yet. I might file for it this week.

I believe you can still file for EAD/AP at no extra charge as long as your I-485 is still pending. The only reason I asked if you had filed at the same time, is because once you get your EAD/AP approval it kind of takes some of the stress of waiting off of you and gives you a sense of belonging.

Good Luck!

Edited March 4, 2014 by Teddy B