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I have an I-360 approved immigration case but I haven't filed I-485. What is my current status called?

Torrington, CT |

My I-360 case has been approved but I never received approval notice. I need to submit form I-824 in order to get duplicate copy of approval notice. On that form there's a question about my current status. I have no idea what it is because I havent filed I-485 yet.

Attorney Answers 2

  1. Best answer

    The simple answer to your question is that the approval of an immigrant petition does not grant any status in and of itself, so you have the same status as you started with. However, while that answers your question, it does not leave you with any useful information, so we should start with refining your question to get useful information. If you are in the US, why do you need an I-824, generally used to get an approved petition to the consulate where originally the request was to file for a green card here in the US, or to let the consulate know that the petition is approved because while you are getting your green card in the US, your spouse and/or children are out of the US and need an immigrant visa.

    If you are out of status yourself, then you are still out of status, and may or may not be able to file an I-485. For example, if you are an out of status religious worker, you may need to be grandfathered under §245(i). If you are an abused spouse, you may not need to be in status or even having entered the country legally to get a green card. I think we need more information before even attempting to answer the question.

  2. Your I-360 does not give you any status. If you have not filed an I-485 yet, then your status is whatever it was before you filed the I-360.

    Information provided in this answer is for general informational purpose only. Legal advice changes for each specific case, and it is impossible to give accurate advice without having a consultation and examining all relevant documents. Additionally, no attorney-client relationship is created until a consultation has taken place and an agreement between us has been met regarding terms of representation, if any.

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