Question on Filing i-485 while i-539 for B2 Extension Pending

[EcoAir]

Never mind. I got the question wrong. Sorry.

[inadmissible]

Because she filed a timely application to extend her status, she is in a period of authorized stay. However, she has not been in lawful status since her I-94 expired.

Lawful immigration status is distinct from being in a period of authorized stay. Periods of authorized stay are only relevant when determining a foreign national’s accrual of unlawful presence for inadmissibility purposes. Although a foreign national in a lawful immigration status is also in a period of authorized stay, the opposite is not necessarily true. Those in a period of authorized stay may or may not be in a lawful immigration status.

Officers consider the difference between lawful immigration status and a period of authorized stay when determining whether a foreign national is in lawful immigration status for purposes of the INA 245(c)(2) adjustment bar.

A pending application to extend or change status (Form I-129 or Form I-539), a pending adjustment application, or a pending petition does not confer lawful immigration status on a foreign national. In addition, a pending application or petition does not automatically afford protection against removal if the foreign national’s status expires after submission of the application. The foreign national may have no actual lawful status in the United States and may be subject to removal proceedings unless and until the extension of stay (EOS) application, change of status (COS) application, adjustment application, or petition is approved.

A foreign national may file an adjustment application after expiration of his or her nonimmigrant status while the foreign national’s timely-filed EOS or COS application is pending. In such cases, the officer should defer adjudication of the adjustment application until USCIS adjudicates the EOS or COS application so long as there are no other grounds for denial.
If USCIS ultimately approves the EOS or COS application, then the foreign national is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the foreign national is generally considered to be in unlawful immigration status as of the expiration of the foreign national’s current nonimmigrant status and likewise on the date the adjustment application is filed. In this instance, the INA 245(c)(2) bar would apply, unless an exemption is available.

Source: https://www.uscis.gov/policymanual/H...-Chapter3.html

The exemption from the 245(c)(2) bar that may apply in your wife's case is 245(k)

This exemption applies to a foreign national who has not failed to maintain a lawful status, engaged in unauthorized employment, or violated the terms and conditions of his or her admission for an aggregate period exceeding 180 days. When determining whether an applicant is eligible for the INA 245(k) exemption, USCIS only considers the time period following the applicant’s most recent lawful admission

Source: https://www.uscis.gov/policymanual/H...-Chapter8.html

It would be in your best interest to read and understand the entire section of the USCIS Policy Manual pertaining to adjustment of status

No, you are not applying for 245(i), so you would check no to that. If you are both her preparer and her translator, you will state as such

[EcoAir]

Because she filed a timely application to extend her status, she is in a period of authorized stay. However, she has not been in lawful status since her I-94 expired.

Source: https://www.uscis.gov/policymanual/H...-Chapter3.html

The exemption from the 245(c)(2) bar that may apply in your wife's case is 245(k)

Source: https://www.uscis.gov/policymanual/H...-Chapter8.html

It would be in your best interest to read and understand the entire section of the USCIS Policy Manual pertaining to adjustment of status

No, you are not applying for 245(i), so you would check no to that. If you are both her preparer and her translator, you will state as such

Thank you so much for your detailed and straight answer! This is very helpful! Much obliged.