Friday, January 2, 2015

I was out of status for 3 months when i lost my job on H1B would it impact when I apply for my greencard?

Question

I was out of status for 3 months [when i lost my job on H1B] would it impact when I apply for my greencard?



Answer

If you are found to be out of status for more than 180 days, and you are not applying for U.S. legal permanent residence through marriage to a U.S. citizen, then, yes, your adjustment could be denied.

However, for an employment-based immigrant visa case, INA 245(k) permits you to be out of status for less than 180 days & still maintain the ability to adjust status.

I highly recommend that you have an experienced immigration attorney review your documents before you file for adjustment of status.



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