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Filing time for avoiding 180-day bar

Asked over 2 years ago - Washington, DC

My I-94 will expire for 180 days on 11/6/09. I'm ready to file I-130 but have to wait until 11/5 for medical exam report to file i-485. Does it help to file i-130 first or even file i-485 first without medical report to avoid reaching 180 days?

Please let me know if you can review my filing today when you answer the question.

Thanks.

Additional information
I filed an extension on my H-B1 earlier when my i-94 is still valid but withdrew it on August. USCIS accepted my withdrawal in August. Does it mean the 180-day count will start on August instead of my old i-94.

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Attorney answers (2)

Kevin Lawrence Dixler

Reputation Level 19

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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This gets complicated. Although there are rules about mailing, USCIS may depend upon the receipt date for the purposes of securing a travel document. If your I-94 expired 180 days ago, then you should not travel outside the U.S., even if the USCIS issues advanced parole.

The 180 day bar goes into effect when you depart the U.S.

There may be other complications with the filing. You should make an appointment with an experienced immigration attorney. Not every applicant can qualify to adjust status or get a visa based upon marriage to a U.S. Citizen. Some have to take additional steps or may be best avoiding the process.

The above is general information and does not create an attorney client relationship.

Law Office of Kevin L. Dixler

American Immigration Lawyers Assn

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Maria Fuster Glinsmann

Reputation Level 14

Answered over 2 years ago. Immigration Attorney in Gaithersburg, MD.

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Unlawful presence is not an issue if you are married to a US citizen and you do not plan to depart the United States before your permanent residence approval. Ideally, all parts of the application i.e. petition, adjustment, employment and travel applications should go in together with all initial evidence. A medical examination is considered required initial evidence. If you fail to provide initial evidence, you will be issued a Request for Evidence and all processing will be halted until receipt of the initial evidence. This can seriously and unnecessarily delay an otherwise straightforward petition/application process.

Maria Glinsmann - Experienced US Immigration Lawyer

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