Daniel Colorado
Feb 21, 2026
EB2-NIW Status Adjustment
IMPORTANT QUESTION: Has anyone been able to adjust their status after more than 180 days of being undocumented? Exactly 181 🥴🥴🥴 Apparently, I won't be able to adjust my status because I've accumulated 181 days and exceeded the time limit (180 days) under Section 245(k). Do any of you, or anyone you know, have managed to adjust their status even after exceeding 180 days?
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J GFeb 21, 2026
@Daniel Colorado Why you say apparently 181 days? Can you explaining?
Your i94 count day is after the limit. I mean, the next day of “Admit Until Date:” is the 1st day.
And the day before of the another benefit receipt is the last day.
what are the exact dates?
Daniel ColoradoFeb 21, 2026
Yes, I understand that perfectly. My I-94 expired on July 21, 2017, meaning the count started on July 22, and then I began the asylum process on January 19, 2017 (date received by USCIS), meaning I stopped counting days on January 18, 2017. Total = 181. But a little over a year ago, I filed my I-140 for EB2-NIW
J GFeb 21, 2026
@Daniel Colorado All depends. Did you get already the Asylum Interview?
USCIS received your asylum petition at 01/19/2018.
The only thing that could help would be having the official postal record (USPS, FedEx, etc.) showing the exact date you mailed the asylum application.
If you could prove it was sent one day earlier, even if USCIS received it a few days later, you might be able to argue that the filing date should be counted from the mailing date and potentially reduce one or two days in the out-of-status calculation.
However, since this happened many years ago, it’s probably unlikely that you still have that kind of evidence.
Daniel ColoradoFeb 21, 2026
I have my interview next Monday. Regarding any evidence from USPS, unfortunately, I don't have tracking information, and I even tried calling USPS, but it's very old. However, I have the receipt from January 16th and a photo of the package showing that I sent it to arrive in two days. My immigration process is very exciting, lol. On one hand, I have my asylum interview on Monday after 9 years; the decisions are paused. I have an I-140 pending for 508 days, and my PD is already in final action. Obviously, even though the responses are paused, I wouldn't want to be referred to court if my interview doesn't go well while my EB-2 is in process, but that extra day (181) is a real pain.
J GFeb 21, 2026
@A Z I know 2 people who got green card with asylum pending thru adjustment of status EB2-NIW
J GFeb 21, 2026
@Daniel Colorado Dont worry. You can take the asylum interview. Anyway, USCIS is not taking any action or decision in any asylum case.
A AFeb 22, 2026
@J G Did they get the green card under this administration?
J GFeb 22, 2026
@A A Yes. green card approved in November 2025 and January 2026. But They entry legally admitted i94 and inspectioned; and not ilegal presence accumulated.
A AFeb 22, 2026
@J G Thank you

