I-94 expires while my i 485 is still pending

[anandbabu_aj]

My parents came here in March 2022 on a Visitors Visa and their I-95 was valid from March till Sept. Being a US Citizen, I applied for their Greencard in May 2022, got the receipt for both I-131 and I-485, got the appointment letter too for the biometrics in August and got that part completed. But I learnt just couple of weeks back that while my parent's greencard is in process, they are eligible to get Medical insurance through market place (https://www.healthcare.gov/). I went to that site to submit application and since we live in NJ, it took us to GetCovered.nj.gov site and to prove that my parents' status here is legal, I uploaded the I-485 receipt. But GetCoveredNJ rejected it and when I spoke to the customer service I was asked to upload their i-94, which I did. But they rejected it again saying their i-94 is expired.
The customer rep from GetCoveredNJ is asking me to provide a document that shows my parent's current legal status here in US. I believe there is no way to get the i-94 expiration date extended, so wondering if there any other document that I can get from USCIS to show GetCoveredNJ that my parents' status here in US is legal?

[Enub4]

There is no other document that you can get from USCIS.
You will need to wait until your parents get the EAD/AP (if you sent forms I-765/I-131) or the green card.

[anandbabu_aj]

I didn't apply for EAD for my parents as they don't intend to work. But I did apply for Advance Parole. If their Advance Parole approval comes in, will that indicate their status here? You think that will be accepted by GerCoveredNJ ?

[angelica]

Here is some info from the GetCovredNJ website:

This page, under Application and Eligibility -> I am an immigrant. Can I buy health insurance with financial help at GetCoveredNJ?, it says:

Applicants who are eligible to buy coverage with financial help:
U.S. Citizen / Naturalized U.S. Citizen / U.S. National, Lawful Permanent Resident, Pending I-551 (When consumer gets Employment Authorization Cards (EAD)), or Temp. I-551, Non-immigrant Visa holders (Only who can legally work in the U.S. and file taxes), Temporary Protected Status (TPS), Asylees, Refugees, Deferred Action, Granted relief under the Convention Against Torture (CAT), citizens of Micronesia, the Marshall Islands, and Palau; and others

It mentions "pending I-551", i.e. pending Adjustment of Status to become a permanent resident, but it says only when the person gets an EAD.

This document, in the table on page 2, says:

Applicant for Any of These Statuses
Lawful Permanent Resident (LPR/green card holder)

Here it says an applicant to become a permanent resident (i.e. someone with pending Adjustment of Status) is eligible, without mentioning any need for EAD. (This table closely follows this page on the federal marketplace website.) So you should try to use this to argue that your parents should be eligible. Are you sure you submitted the I-485 receipt under the right category of document? In any case, it appears you can appeal a determination of ineligibility.

[anandbabu_aj]

Thanks for the detail response with links to references on the GetCoveredNJ Angelica. Below are the Document Types GetCoveredNJ provided me to select from when uploading the proof of my parents' eligibility:

• Proof of resolution in immigration court
• I-797 USCIS Notice of Action (Approval Letter from the USCIS)
• Machine Readable Immigrant Visa
• DS2019 (for J-1 status)
• I-20 (Student visa status)
• I-589 Asylum application
• Valid I-94, Arrival/departure record
• Trafficking Certification Letter or Eligibility Letter for Victim of Trafficking
• I-551 Permanent Resident Card (Green card)
• Office of Refugee Resettlement
• Proof of current visa status with valid I-94
• I-571 (Refugee Travel Document)
• I-130 Approved Petition
• Temporary I-551 Resident alien Card / I-551 Stamp on Passport
• Documents from USCIS or ICE showing your current status
• I-221S (Order to show Cause)
• Proof that you lived continuously in the U.S. since 1972
• I-327 (permit to re-enter U.S.)
• I-766 Employment Authorization Card (EAD card)
• Proof of Battered Immigrant Non-Citizen
• Other

I selected I-797 USCIS Notice of Action (Approval Letter from the USCIS) the first time and uploaded the 485 receipt (the 485 receipt shows I-797C on the top right corner of the receipt). They rejected it. The next time, I chose "Other" as the document type and uploaded the same I485 receipt, it was rejected again. It was after that attempt that I called their customer service and I was asked about I-94, which I uploaded, and they rejected saying I-94 expired. Then I uploaded I-485 receipt again, but this time with a cover letter explaining that my parents are legally allowed to stay here in US while the I-485 is in process even if I-94 expires. They just removed all the documents I uploaded thus far from my account and kind of reset our status as they need proof of their status here :-(

[Enub4]

I'm sorry to say that they will need the approval letter for I-130 or the green card. Usually, they approve I-130 when they approve the case and issue the green card.

Employment authorization is recommended to file even if people are not going to work, because:
- it serves as proof that you are in the USA legally and can work
- you can get the SSN number, it is used mainly for taxes, credit, medic records
- in some states, it helps to get a driver's license or state IDs
- currently is free to apply

You can apply for the EAD if you want but is taking some time to approve. You must include the I-485 receipt. I hope you get the I-130 or green card soon. Good luck.

[anandbabu_aj]

Thanks for all the useful informationEnub4. One quick question regarding SSN though. Within the 485 application, there was a question "Do you want SSA to issue you a Social Security Card?" and I had answered yes for both my parents. Do you know by answering Yes to this question my parents should be receiving their SSN while the I-485 is still being processed? Or will they provide SSN only after I-485 process is done?

[angelica]

Maybe you should file a paper application if the online one doesn't accept it, and if they deny it appeal, since an applicant for permanent residency is eligible according to their own document.

[anandbabu_aj]

Angelica, when I upload the documents on GetCoveredNJ, it accepts whatever document I upload. But within 2 business days someone at GetCoveredNJ reviews these documents and update the status of the document as rejected.

Anyway, I just made another attempt where I renamed the soft copy of the I-485 receipt document to say "Adjustment of LPR Status", uploaded that document for verification along with a cover letter like the one I am attaching to this message (See CoverLetter_Page1.PNG and CoverLetter_Page2.PNG)

[Enub4]

Thanks for all the useful informationEnub4. One quick question regarding SSN though. Within the 485 application, there was a question "Do you want SSA to issue you a Social Security Card?" and I had answered yes for both my parents. Do you know by answering Yes to this question my parents should be receiving their SSN while the I-485 is still being processed? Or will they provide SSN only after I-485 process is done?

The SSN will be provided if the I-485 is approved. They should get the SSN around the same time they receive the GC or a couple of weeks later.

If they don't receive the SSN after a couple of weeks of receiving the GC they can go to the SS office to see if the SSN is in process.