Legal Question in Immigration Law in Maine

Can I stay in the USA if my visitors visa expires while waiting a 'Pending decision' regarding my employment sponsored visa:

I have sent off both the 1-485 adjustment of status together with my I-140 form .employeer was asked for further info which was send and received to Uscis 3 rd September my case is pending decision but visitors visa expires 30th November: I have since left the isa and returned under a new visitors visa does that matter ?

Thanks a lot for your help :-)


Asked on 11/09/13, 3:57 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you were in legal status AND filed your I-485, then there would have been no reason to depart the country. However, if you left the United States while the I-485 was pending, without using an advance parole document, that is considered abandonment of your application. Furthermore, entering as a visitor when you have immigrant intent is visa fraud & could also lead to your I-485 being denied.

If your employment based category was not current at the time of filing, then you would not have been eligible to file for adjustment of status concurrently, anyway.

Did your employer have an attorney file this case?? Did you speak with the attorney before you departed the country??

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Answered on 11/11/13, 1:23 pm


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