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Can i stay in US after I-130 approved but I-485 denied due to missing document ?

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  • #1

    Can i stay in US after I-130 approved but I-485 denied due to missing document ?

    So i got my I-130 approved in Sep,2020( married to US citizen category) but my I-485 was denied due to missing I-864. I have filed a motion to reopen and its pending since October 26,2020 and my current H1b status is about to expire soon. Once the status expires; am i eligible to stay in US or what are my options here ?

    Any help is highly appreciated ?
    Tags: greencard, h1b, i485 adjustment status, legal advice, legal status
  • #2
    You may stay until a decision is made.
    Canadian on F-1 married to USC (SSM)
    Field office: Manhattan/NYC

    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged
    09/30/2019: Case received
    10/04/2019: Biometrics appt received
    10/15/2019: Fingerprints taken
    10/16/2019: Fingerprint review complete
    11/14/2019: Ready to be scheduled

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    • #3
      thanks Manhattanite,

      So should i wait before i file a new I-485 ? Also are there any ways to expedite these requests ?

      Comment

      • #4
        And even if that does not work, you could just file I-485 again. You can file I-485 in your category no matter how long you've been out of status.
        This is my personal opinion and is not to be construed as legal advice.
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