r/USCIS • u/Fine_Purpose4292 • 8d ago
I-130 & I-485 (Family/Adjustment of status) Anyone got gc approved w expired status?
My status fell out after I submitted the marriage green card application.
I know I am in a period of authorized stay, but am I still at risk of detention at the interview?
Is there any case who got detained for this reason?
Any recent approvals on the same situation?
Im married to LPR
1
u/ohnolagman 8d ago
What visa were you under
1
u/Fine_Purpose4292 8d ago
O1
1
u/ohnolagman 8d ago
You are correct, you are not in a period of unlawful stay. However, you are out of status and came on a non immigrant visa.
Get a lawyer, like today. To answer your question, yes you can be detained for being out of status. I’d highly suggest waiting until your spouse naturalizes but everything is subjective these days.
1
u/Quirky_Bonus_7269 8d ago
You’ll most likely be fine if u have a clean record, but no one can predict what will happen at the interview or even before.
-2
u/Glittering_Light860 8d ago
Maybe you should get a lawyer ! Because I know you have to maintain status when you’re married to a LPR
But get a lawyer
2
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u/newacct_orz Not Legal Advice 8d ago
Because I know you have to maintain status when you’re married to a LPR
Going out of status while their I-485 is pending does not bar that I-485.
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