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AOS and Visa/Entry expiration

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  • AOS and Visa/Entry expiration

    Hello forum,

    I believe all of us have heard about the hold on AOS cases and i started to get worried about my legal status.
    i send a full package at uscis and it's arrived on may 23th. Since then i haven't heard anything. I'm married to a LPR on a visitor visa.

    My visa will expire after 3 years but on the border I'm allowed to stay until 13th of September. What will happen if i don't have any updates from uscis and the September arrives?

    Should i get out of the country ? Should i wait? My wife is pregnant and it's kinda hard leaving her alone.

    Thanks in advance!
    07/07/2020 Application sent to USCIS
    23/07/2020 Checks have been cleared
    28/07/2020 Received 4 NOA receipts in the mail
    06/08/2020 RFIE arrived at the mail (photocopy of Birth Certificate was required with original stamps)
    25/08/2020 USCIS received RFIE and started to process again the application.

  • #2
    As long as you received an "acceptance / filing" notice by USCIS after filing the AOS, you can continue to stay in the US till the case is adjudicated.
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Hi R78 and thanks for the feedback. What if i do not receive a notice from them?
      07/07/2020 Application sent to USCIS
      23/07/2020 Checks have been cleared
      28/07/2020 Received 4 NOA receipts in the mail
      06/08/2020 RFIE arrived at the mail (photocopy of Birth Certificate was required with original stamps)
      25/08/2020 USCIS received RFIE and started to process again the application.

      Comment


      • #4
        As long as your I-485 is officially received before your status expires, you can stay for as long as I-485 is pending. The date it is received will be shown as the "received date" on the receipt, but it should generally not be more than a few days after the date the mail physically arrives. It is highly likely that your application has already been received even though you don't have the receipt yet, and I doubt that they would take months to issue a receipt even if lockbox operations are slow.

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

        Comment

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