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485 pending...is it required to keep status?

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  • 485 pending...is it required to keep status?

    Hello all:

    My wife applied for I 130, 485 and advance parole in August 2019. (I am a Green Card holder, she's a foreign student.) The applications were accepted and she had her fingerprints done.

    Since the 485 is pending and she's waiting for her EAD, is she still required to keep her immigration status as a student?

    Thanking you in advance.

  • #2
    No, her going out of status while AOS is pending will not affect her AOS. Sometimes people like to keep status anyway just in case the AOS is denied.

    This is my personal opinion and is not to be construed as legal advice.

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