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F2A Current AOS Spouse of LPR

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  • F2A Current AOS Spouse of LPR

    Hello everyone, as the title says, if a spouse of a LPR is currently in valid dual intent non immigrant status, can a one step adjustment of status package be filed and eventually approved, even if non immigrant status will expire after adjustment of status is pending?

  • #2
    yes

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

    Comment


    • #3
      Originally posted by newacct View Post
      yes
      Thank you! Could you please share your knowledge for the correct places in INA, manuals, memos or other similar cases you are aware of?

      for example when the i-485 is properly filed, the category is current, etc. etc.

      https://www.uscis.gov/policy-manual/...-chapter-4#S-G

      G. Properly Filed Adjustment Application – INA 245(c)(2) and INA 245(c)(8)

      For purposes of the bars to adjustment, a nonimmigrant only needs to maintain his or her nonimmigrant status until the time he or she properly files an adjustment application with USCIS so long as the nonimmigrant does not engage in any unauthorized employment after filing the adjustment application. [43]

      43. [^] Even so, a properly filed adjustment of status application does not, in and of itself, accord lawful status or cure any violation of a nonimmigrant visa. For example, if a foreign national applied for adjustment of status three days prior to the expiration of his or her nonimmigrant status and USCIS eventually denies the adjustment application, the foreign national is considered to be in unlawful status after the expiration of the nonimmigrant status. Consequently, if the same foreign national later files a second adjustment application, the period of time after the nonimmigrant status expired and during which the first adjustment application was pending counts against the 180-day period when considering eligibility for relief under INA 245(k) in adjudication of the second adjustment application. See Dhuka v. Holder, 716 F. 3d 149 (5th Cir. 2013).
      Last edited by cube; 07-29-2019, 06:12 PM.

      Comment


      • #4
        Originally posted by cube View Post

        Thank you! Could you please share your knowledge for the correct places in INA, manuals, memos or other similar cases you are aware of?

        for example when the i-485 is properly filed, the category is current, etc. etc.

        https://www.uscis.gov/policy-manual/...-chapter-4#S-G

        G. Properly Filed Adjustment Application – INA 245(c)(2) and INA 245(c)(8)

        For purposes of the bars to adjustment, a nonimmigrant only needs to maintain his or her nonimmigrant status until the time he or she properly files an adjustment application with USCIS so long as the nonimmigrant does not engage in any unauthorized employment after filing the adjustment application. [43]

        43. [^] Even so, a properly filed adjustment of status application does not, in and of itself, accord lawful status or cure any violation of a nonimmigrant visa. For example, if a foreign national applied for adjustment of status three days prior to the expiration of his or her nonimmigrant status and USCIS eventually denies the adjustment application, the foreign national is considered to be in unlawful status after the expiration of the nonimmigrant status. Consequently, if the same foreign national later files a second adjustment application, the period of time after the nonimmigrant status expired and during which the first adjustment application was pending counts against the 180-day period when considering eligibility for relief under INA 245(k) in adjudication of the second adjustment application. See Dhuka v. Holder, 716 F. 3d 149 (5th Cir. 2013).
        Doesn't your quote already answer the question of whether going out of status after AOS is filed affects the AOS? I'm not sure what other question you are asking for resources on.

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

        Comment

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