I heard that if an I‑485 is denied — which is only a couple percent of cases — the days while the application was pending do not count as unlawful presence. So you can just refile the I‑485 adjustment of status, and would the additional 180 days under section 245(k) also be forgiven? Correct me if I’m misunderstanding anything.
As far as I know, while an I-485 is pending, unlawful presence doesn’t accrue. But with 245(k) after a denial it’s more complicated — it depends on how the officer views your situation. I’ve seen cases where people just reapplied and everything went through. Don’t stress about it in advance )
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245(k) is about the period before filing the I-485, not about restarting after a denial.
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An I-485 denial immediately terminates your status, and you don’t accrue a new 180-day period under 245(k).
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Here’s the thing with 245(k) — it’s a one-shot coverage until filing, not renewable. After a denial, the unlawful presence clock starts ticking immediately; refiling doesn’t reset the counter, and they won’t grant the benefit a second time.
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In fact, after a denial the only viable move is an MTR (Motion to Reopen/Reconsider) within 30 days; re-filing won’t save you anymore — the clock is ticking and an NTA (Notice to Appear) can be issued simultaneously.
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