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Do I have a status while the I-485 is pending?

Key answer

While the I-485 is pending you are in authorized stay: unlawful presence does not accrue, but you hold no status on the I-94, and USCIS states plainly that a pending I-485 does not confer lawful immigration status. That is why many keep their previous status (for example F-1, until the school cancels the I-20): otherwise an I-485 denial leaves you with no status at all. A separate trap is more than 180 days of unlawful presence: no employment green card then, and leaving triggers a 3- or 10-year bar. Working on the I-485 EAD may also count as violating F-1 conditions.
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Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • With pending (both I-485 and asylum) you have authorized stay. Accumulation of a ban on entry does not occur while you are inside the U.S. But there is no status per I-94 at that moment.

  • You cannot obtain a green card through employment-based categories if you lost your status more than 180 days ago: this means you accumulated a ban for 3 or 10 years upon leaving. You cannot depart because if you do, your case is considered abandoned, and you become inadmissible for your next entry. And if you are inadmissible, you lose the right to AOS.

  • USCIS states directly: a pending application for adjustment does not place the applicant in a lawful immigration status. For example, if USCIS previously denied adjustment and the applicant applies again, the time while the first application was pending does not count as time in lawful status.

  • In theory, there is indeed no status. However, a person is authorized to be in the U.S., and days of unlawful presence should not accumulate. The truth is, USCIS writes it in a way that, even reading it a hundred times, raises more questions than answers. Lack of status does not automatically mean unlawful presence, but if you accumulate more than 180 days of unlawful presence, you will not receive a green card through employment.

  • The school insisted that I maintain my F-1 status until my I-485 is approved, and there are no issues with that: F-1 is supported until the school cancels the I-20. My lawyer also suggested continuing my studies until the green card arrives: after all, if the I-485 is denied, I would lose my status altogether.

  • Filing the I-485 does not automatically cancel F-1 status, but working on an EAD will be considered a violation of student status conditions, and filing creates the risk that your F-1 will be considered expired due to the intent to become a permanent resident.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: Green cardAll questions on: Process and timelinesAll questions on: EB-1AAll questions on: EB-2 NIW

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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

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