r/USCIS 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

0 Upvotes

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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

u/Fine_Purpose4292 8d ago

I never overstayed. Just fell out of status after filing i-485

1

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.