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When someone came in usa in vis waiver and after 2 months get married and filled ai130 and i485 and stay in USA,

Richland, WA |

what can happed if somebody check for his papers? He is illegal? Or untill he get the answer from uscis he is ok?

Attorney Answers 4


  1. Best answer

    That person is allowed to remain in the U.S. until there is a final decision on the application. The government has 90 days from filing to give him employment authorization--assuming you correctly applied for it at the same time you filed the I-130 and I-485. The Seattle district is fast on these cases. The person should have the interview 3-4 months after filing. In the meantime, that person is an adjustment applicant. No actual status, but allowed to be here.

    This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.


  2. As long as he/she has a I-130/I-485 receipt from USCIS showing that the case is pending they are in a gray area, tolerated until a final decision is made on their application but also by no means "legal" and they cannot work or travel during this time and must await their interview with USCIS.


  3. I agree with Mr. Calehr. You are not "legal" in that you cannot work, however, you are not completely "illegal" in that you will not be removed because of your pending case status.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.


  4. I, too, agree.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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