I’ve heard they might deny an I-485 filed during the past six months if, at the time of filing, you weren’t in lawful status but were in a period of authorized stay. Those are different things, and USCIS, when considering an AOS (adjustment of status), looks specifically at that, right? Has anyone dealt with this — how did it turn out?
Hey, don’t panic ahead of time - with a clean submission these cases are usually resolved)
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Status at the time of filing the I-485 is required — it’s not called “adjustment of status” for nothing.
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“authorized stay” and “lawful status” are different categories; for section 245(a) USCIS looks at the status at the time of filing. Section 245(k) provides a narrow window for employment-based cases, but it’s an exception, not the rule.
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Hang in there — with a clean delivery it’s totally doable, just don’t panic prematurely)
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Which category are you applying under? If it’s employment-based, then 245(k) gives a narrow window for those who had a period out of status at the time of filing. If it’s through marriage, they may forgive an overstay; other categories are stricter about that. So it’s not as bad as it seems, the main thing is to figure out exactly what your situation is)
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there’s also the nuance of 245(c)(7) - for employment-based cases, someone who entered without a visa needs specifically lawful nonimmigrant status. “authorized stay” isn’t included in that list; it’s a separate category under USCIS policy.
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