HaNNah N
Feb 5, 2025
Eligibility to file I-485 (F2A category)
Hello everyone,
I am a F1 student and I filed I-130 last year in April. Back then my priority date wasn’t current and I didn’t file I-485. However, the recent visa bulletin shows 15JUL24 as the filing date. My petition is still at the “Case was receive …” stage, and I was wondering if I am eligible to file I-485 and I-765 at this time? my student visa may expire sometime this year, and I am worried about my status. thanks for your help!
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moon sunFeb 5, 2025
yes, you can file I485 since it is current now
bass whattFeb 6, 2025
yes!!! you can file for I-485 since you filed I-140 in April 20024
Mike RaphoneFeb 6, 2025
if your student visa expires this year, you are going to be out of status at some point as F2A takes 3-5years
HaNNah NFeb 6, 2025
@Mike Raphone what if I file I-485 at the moment? I can keep the ‘pending’ status until a decision is made right?
Mike RaphoneFeb 8, 2025
i485 pending isn't a valid status.
k kFeb 10, 2025
When your I-485 (Application to Register Permanent Residence or Adjust Status) is pending, you do not have lawful permanent resident status yet, but you are generally allowed to stay in the U.S. while USCIS processes your application.
However, if your previous visa status expires while your I-485 is pending, you are not considered to have a separate valid nonimmigrant status. Instead, you are in a “period of authorized stay” by USCIS. You may still apply for work authorization (EAD) and advance parole (AP) to travel while waiting for a decision.
