My question is that which one do they count for the 180 days until we leave America from E2 or I-485 denial.

Asked over 1 year ago - Sugar Land, TX

My I-140 and I-485 got denial on January 2nd 2013, and my E2 expired on November 14th 2012.

Attorney answers (3)

  1. Pradeek Susheelan

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . If you question is in regards to the illegal presence bar of three years for illegally presents of 180 days. The date will be jan 2, 2013 as the time your i-485 is pending is considered authorized stay although you have had no status since nov 14, 2012 when your E status expired. It is still advisable to leave as soon as possible and not advisable to stay more than a max of three months as the consular officers at any future interview to return to the U.S. will not look kindly at long period of illegal presence even where the 3/10 year bars do not apply. Please consult with an experienced immigration attorney.

  2. Haroen Calehr

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Here is the problem. You timely applied for adjustment of status prior to the expiration of your non-immigrant E-2 status and thats fine. You did not renew your non-immigrant status while your I-485 was pending which in technical reasons is ok since your considered in a hybrid authorized stay. BUT, when the case is ultimately denied, thats when the headache starts since now, USCIS may look back and start counting from the time your E-2 expired or they may state in the denial letter as of this date you are now accumulating unlawful presence, etc. regards.

  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleague.

    But, before leaving you should meet with the lawyer that prepared the I-140/I-485.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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