Top 10 FAQs about Pending I-485 Legal Status

Question Answer
1. Can I travel outside the U.S. while my I-485 is pending? Yes, Can I travel outside the U.S. while your I-485 is pending, but you must obtain advance parole before leaving to avoid abandoning your application.
2. How long does it take for I-485 adjustment of status to be approved? The processing time for I-485 adjustment of status varies, but it typically takes anywhere from 8 to 14 months.
3. Can work while my I-485 is pending? Once your I-485 application is pending for 180 days, you may be eligible to apply for an employment authorization document (EAD) to work legally in the U.S.
4. What happens to my I-485 if my priority date is not current? If your priority date is not current, your I-485 application will remain pending until it becomes current. You can check the visa bulletin regularly for updates on priority dates.
5. Can I appeal if my I-485 is denied? If your I-485 application is denied, you may have the option to file a motion to reopen or reconsider, or appeal the decision to the Administrative Appeals Office (AAO).
6. Do I need a lawyer for my I-485 application? While not required, it is highly recommended to seek the assistance of an experienced immigration lawyer to navigate the complex process of filing an I-485 application.
7. Can apply for green card while my I-485 is pending? If you are eligible, you may be able to concurrently file an I-485 application along with an immigrant visa petition to apply for a green card while your I-485 is pending.
8. What documents do I need to submit with my I-485 application? Along with the I-485 form, you will need to submit various supporting documents, such as passport photos, birth certificate, marriage certificate (if applicable), and evidence of legal entry to the U.S.
9. Can apply for travel document while my I-485 is pending? Yes, you can apply for a travel document, also known as advance parole, to travel outside the U.S. while your I-485 is pending without abandoning your application.
10. Can apply for work permit while my I-485 is pending? Once your I-485 application is pending for 180 days, you may be eligible to apply for an employment authorization document (EAD) to work legally in the U.S.

The Intricacies of Pending I-485 Legal Status

For many immigrants in the United States, the I-485 application for adjustment of status is a critical step in the process of obtaining lawful permanent residency. However, the waiting period for a decision on the I-485 application can be lengthy and uncertain, leading to a state of limbo known as “pending I-485 legal status.” In this blog post, we`ll explore the concept of pending I-485 legal status, its implications, and what individuals can do while in this situation.

Understanding Pending I-485 Legal Status

When an individual submits an I-485 application to adjust their status to that of a lawful permanent resident, they are essentially applying for a green card. While the application is pending, the individual may remain in the United States, provided they meet certain criteria, such as maintaining their nonimmigrant status or being eligible for employment authorization.

Implications of Pending I-485 Legal Status

Being in a state of pending I-485 legal status can have several implications for individuals and their families. One of the most significant challenges is the uncertainty surrounding the timeline for a decision on the application. According to U.S. Citizenship and Immigration Services (USCIS), processing times for I-485 applications can vary widely depending on the individual`s circumstances and the USCIS office handling the case.

Case Study: Processing Times for I-485 Applications

According to data from the USCIS, as of December 2021, the processing times for I-485 applications based on family-sponsored and employment-based preferences ranged from approximately 8 months to 55 months, depending on the specific category and USCIS office. This wide variation in processing times underscores the uncertainty that individuals in pending I-485 status may face.

What Can Individuals Do While in Pending I-485 Legal Status?

Despite the challenges of pending I-485 legal status, individuals can take proactive steps to make the most of their situation. For example, individuals may be eligible to apply for employment authorization while their I-485 application is pending, which can provide them with the ability to work lawfully in the United States while awaiting a decision on their green card application.

Table: Employment Authorization Document (EAD) Eligibility
Category Eligibility Criteria
Adjustment of Status Applicant File Form I-765 with USCIS
Asylee/Refugee File Form I-765 with USCIS
Certain Nonimmigrant Categories Eligibility based on specific visa category

Additionally, individuals in pending I-485 status may have the opportunity to travel outside the United States using advance parole, which allows them to re-enter the country while their green card application is pending without abandoning their application.

Pending I-485 legal status is a complex and often frustrating situation for many immigrants in the United States. However, with a clear understanding of the implications and available options, individuals can navigate this period with greater confidence and resilience. By staying informed and taking proactive steps, individuals can make the most of their pending I-485 legal status while awaiting a decision on their green card application.

Pending I-485 Legal Status Contract

This agreement, hereinafter referred to as “Contract,” is entered into and made effective as of [Date] by and between the following parties:

Party A Party B
[Name] [Name]
[Address] [Address]
[City, State, Zip] [City, State, Zip]

WHEREAS, Party A and Party B desire to enter into a legally binding agreement regarding the pending I-485 legal status;

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Parties agree as follows:

  1. Definition of Terms
    For purpose of this Contract, following terms shall have following meanings:
    a. “I-485 Legal Status” refers to application for adjustment of status to that of lawful permanent resident in United States.
    b. “Pending” refers to current status of I-485 application, where decision has not been made by United States Citizenship and Immigration Services (USCIS).
  2. Obligations of Party A
    Party A shall provide accurate and complete information to Party B regarding pending I-485 legal status. Party A shall also cooperate and assist Party B in any matters related to I-485 application process.
  3. Obligations of Party B
    Party B shall represent and advocate for Party A in all matters related to pending I-485 legal status. Party B shall also keep Party A informed of any developments or updates regarding status of I-485 application.
  4. Confidentiality
    Parties agree to maintain confidentiality of any information related to pending I-485 legal status and not disclose such information to any third party without prior written consent from other Party.
  5. Termination
    This Contract shall terminate upon approval or denial of I-485 application or upon mutual agreement of Parties to terminate this Contract.
  6. Applicable Law
    This Contract shall be governed by and construed in accordance with laws of State of [State].

IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first above written.

Party A Party B
[Signature] [Signature]
[Print Name] [Print Name]