Recent content by newacct

Why would it be denied? Yes You need to be in status, or have been out of status for no more than 180 days, at the time you file I-485.

answer "No" As a family-based immigrant, he would generally answer 1.f (None of these exemptions apply to me and I am not requesting an exemption as I am required to submit an Affidavit of Support Under Section 213A of the INA), unless he has accrued 40 Social Security credits. I believe so...

The I-485 form hasn't changed since March. which part is confusing?

1. Yes, since Canada is her country of residence 2. Yes

I think it's just poor phrasing. What they meant was that the EAD that you get from an approved I-765 lets you work while the I-485 is pending.

What's incorrect about it?

The other exception is people who are maintaining H1b/H4/L1/L2/K3/K4/V status, who leave and are re-admitted into the same status. They do not abandon their pending Adjustment of Status applications, even if they do not have Advance Parole. See 8 CFR 245.2(a)(4)(ii)(C).

Where did you see this?

No. You wait for a month when the date on the chart here for F2A is after your I-130 received date, to file AOS. For the last several years, USCIS has chosen The Dates for Filing chart every month for the family-based categories. For December 2025, the date on the chart is November 22, 2025...

If you are paroled, you will not be on H1b status; you will be on Parolee status. If it's a trip of less than 30 days to Canada only, perhaps you can re-enter on H1b using Automatic Revalidation.

She can work directly with an asylee I-94 (or with an unrestricted Social Security card), without needing an EAD.

No, it's not current. It hasn't been for several years. But it's close to current.

Maybe you should just file I-130 online?

The I-130 needs to be officially received by USCIS before November 22 for him to be able to file I-485 in December. If it's received on November 22, it's too late. I'm not sure how that will affect the STEM OPT extension. After he files AOS (I-485), he can't leave the US while I-485 is pending...

The physical presence test is only about the number of days of physical presence in the 5-year period.