The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).
Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...
If our office filed a change of status petition for you: You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.
Change of Status Within the United States. Important points to know: Processing with USCIS can take 6 to 12 months plus mailing time or longer depending on USCIS processing times. While the application is pending you may not leave the United States.
In the United States, you can work while your application is pending, provided the validity of the Employment Authorization Document (EAD) is viable. Anyone applying for an adjustment of status is eligible to apply for a work permit by filing a concurrent application.
The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.
If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending.
Applications for work permits saw an increase of processing times from 3.2 months in FY 2020 to 4.3 months in FY 2022.
By presenting as much evidence as possible, you can successfully obtain a visitor visa despite having a pending I-130 petition, but the BURDEN IS ON THE APPLICANT TO PROVE THAT THEY WILL NOT OVERSTAY THEIR VISA AND THAT THEY WILL RETURN BACK TO THEIR HOME COUNTRY TO CONTINUE IMMIGRANT VISA PROCESSING.
As of April 2022, the processing time for a green card holder sponsoring a spouse or a child under 21 years is between 23 to 30 months if USCIS received the form on or after November 1, 2019. All the times are estimates. The USCIS Processing Times page is updated once a month.
Generally speaking, adjustment applications will need to obtain an advance parole document in order to travel outside the U.S. while their Form I-485 (the application for a Green Card, or adjustment of status) is pending.
An applicant who is in removal proceedings should never travel outside the United States until they are granted legal status and permission to travel abroad. This is true even if the applicant receives advance parole.
It's important to remember to hand in your paper I-94 when leaving the United States, since that's how the U.S. government will track your departure and know that you left the country before your visa expired. You'll use information from your I-94 travel record for many immigration purposes.
This means that the US government has a record of when you entered and departed the country. If your departure date is missing or does not match up with your I-94 form, the US government will know that you have overstayed your visa.
Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney.
Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed. If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued.
How long does the I-130 petition process take? For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S. citizen living abroad, the wait times for Form I-130 are currently between 9-13 months. For those living in the U.S., the processing time is currently 12-22.
Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request expedited processing based on your position as a healthcare worker or a childcare worker with an EAD application that meets the above criteria.
Entry into the USA while immigrant petition is pending
Once you have filed an I-130 form, your spouse is eligible to apply for a nonimmigrant visa. This will enable your spouse to live and work in the U.S. while the visa petition is pending. To apply for a nonimmigrant visa, you must file an I-129F form.
The appointment notice will come in the mail within 6 months or sooner after filing. USCIS will give the applicants a few weeks notice to get everything together before the big day.
Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. In a green card application, the USCIS is supposed to provide you with an official notification of their decision within 30 days of your interview.
After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months.
When filing the Adjustment of Status application (I-485), the foreign national can also apply for an Employment Authorization Document (EAD) and work on the basis of the EAD.
If the F-1 student applies for an I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he will become a permanent resident of the U.S.