AoS and Visa Expiring (merged)

[Crazy Cat 41,288]

No.  Once a proper I-485 has been filed, the applicant is granted "authorized stay" until the I-485 is either approved or denied.  During this time, the applicant has no legal status, but is not accruing unlawful presence.

Edited June 14, 2021 by Lucky Cat

[Ontarkie 14,143]

~~Related threads merged.~~

[HRQX 4,145]

On 5/24/2021 at 3:38 PM, Joe30 said:

Can B1B2 overstay then? 

"As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful." https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF

1 hour ago, Joe30 said:

Does a B2 visa holder need to fill out i539 (visa expiring soon) if B2 visa holder is married to USC with i485 sent out to USCIS? 

Do not file I-539.

Edited June 14, 2021 by HRQX

[Joe30 17]

Guys, NOA1 was Received. (797c).

confirming that, that was the document you guys were referring to?

[Rocio0010 5,579]

1 hour ago, Joe30 said:

Guys, NOA1 was Received. (797c).

confirming that, that was the document you guys were referring to?

Yes.

Please complete your timeline.