QUESTION
Do I have to leave the US while waiting on approval notice?
Asked on Aug 20th, 2012 on Immigration - California
More details to this question:
I'm from Switzerland, married to a US Citizen. I'm in the US on a Tourist Visa/ESTA. Sent all immigration paperwork for adjustment of status.
They have received the Documents. My Tourist Visa/ESTA expires in a week but that's how long its going to take for immigration services to send us the case number for adjustment of status.
If I don't receive the case number until the date my plane leaves, do I have to leave the country? What will happen?
7 ANSWERS
Don't leave the US. If you do, you essentially abandon your application and it will be terminated. You would then have to start all over again and pay all the fees. As long as you submitted everything while you were still in valid status, you are protected.
Answered on Aug 30th, 2012 at 8:51 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Since you entered the U.S. legally, and a U.S. citizen spouse filed an immigrant petition for you, expiration of your non-immigrant status will not affect your eligibility for adjustment of status.
Moreover, because you filed your application to adjust status before your non-immigrant status expired, you need not worry about falling out of status regardless of whether the USCIS will send you a filing receipt for your application within the next week, or not.
If you leave the U.S. before your adjustment application is adjudicated, USCIS will deny it as "abandoned", and you will have to file it (and pay the fee) again.
Answered on Aug 27th, 2012 at 12:42 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as your application for adjustment of status is still pending, you are considered in status while the paperwork is being processed.
Thus, you do not need to leave the country after your authorized stay has expired.
Answered on Aug 27th, 2012 at 12:42 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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More importantly here is whether you entered the U.S. as a visitor with the intention to marry.
If you got married within 30 days of entry, that is fraud. if it was from 30 days to 60 days, that is presumed to be fraud.
Answered on Aug 27th, 2012 at 12:42 PM
Bruce A. Coane
Generally, in this scenario, and assuming you filed all the proper papers, there is no need to leave.
In fact, leaving the USA while an I-485 is pending is deemed to be abandonment of the case.
Answered on Aug 27th, 2012 at 12:41 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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No, absolutely do not leave the country after filing an adjustment of status application or the application will be considered to be abandoned and you will have wasted your money.
Based on the circumstances you are describing you shouldn't have any trouble, but you should consider talking with an attorney in detail to make sure you don't run into any unexpected problems. Good luck!
Answered on Aug 27th, 2012 at 12:41 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
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You can stay. You must assume or have tracked the package. Even though you don't have the receipt, it will come and be dated the date they received the applications. This will allow you to stay passed your ESTA expiration date.
Answered on Aug 27th, 2012 at 12:35 PM