F2a Category: While the I-485 is pending, can a spouse of an LPR remain lawfully in the U.S and get a work permit?
Hello, my spouse is a Legal Permanent Resident and filed an I-130 for me on March 29, 2024. Based on the current Visa Bulletin, it looks like I may now file for Adjustment of Status (I-485) and Employment Authorization (I-765). I am currently living in the U.S. on an H-1B visa that will expire in 2027.
My questions are:
-While the I-485 is pending, can a spouse of an LPR remain lawfully in the U.S.?
-Does USCIS process the Employment Authorization (I-765) before the I-130 is approved, or only after the I-130 approval, in the F2A category?
I would like to remain in the country and be able to work once my visa expires.
-While the I-485 is pending, can a spouse of an LPR remain lawfully in the U.S.? Yes
-Does USCIS process the Employment Authorization (I-765) before the I-130 is approved, or only after the I-130 approval, in the F2A category? Before
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
Yes, you can absolutely remain lawfully in the US while I-485 is pending, even after H-1B expires.
Yes, your EAD will be processed before I-130 approval - typically within 3-8 months of filing I-765.
Your position is very strong with H-1B valid until 2027, giving you plenty of runway to receive your EAD before needing it. File your I-485 package immediately while F2A is current.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
- While the I-485 is pending, can a spouse of an LPR remain lawfully in the U.S.? Generally, yes
-Does USCIS process the Employment Authorization (I-765) before the I-130 is approved, or only after the I-130 approval, in the F2A category? The I-765 follows the I-485 filing before I-130 approval.
- recent LPR spouses who did not maintain status while the I-485 was pending had their I-485 denied.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Asker
Sounds like it is risky to stay in the country once my visa expires. "recent LPR spouses who did not maintain status while the I-485 was pending had their I-485 denied" that would be my case :(
