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I-485 Filing Considered a Period of Authorized Stay.note

Source: /Volumes/X9 Pro/ObsNotes/YoudaoYunNotes/I-485 Filing Considered a Period of Authorized Stay.note.pdf Converted: 2025-12-10 12:17:10


I-485 Filing Considered a Period of Authorized Stay

A person who has a pending I-485, Application to Adjust Status to Permanent Residence, may have

an expired I-94 card. While the I-485 application is pending a decision, such an individual is generally

lawfully permitted to remain in the U.S. This is technically referred to as being in “a period of

authorized stay.” There is no special document, apart from the I-485 receipt notice, that reflects a

person’s right to remain lawfully in the U.S. while the I-485 application is pending. Unless the person

with an I-485 pending is seeking to reenter the U.S. pursuant to valid H or L status, s/he will need an

advance parole (AP) document to gain readmission to the U.S.