Can my husband stay past his ‘Admit until…’ date if we filed for his green card?

UPDATED: Sep 30, 2022

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Can my husband stay past his ‘Admit until…’ date if we filed for his green card?

My husband is in the US on a visa. He is admitted until March 19, 2017. After
getting married, we filed for his green card using forms I-130 and I-485. Can he
stay past his admitted date or does he have to leave? We have not yet received
anything from the USCIS concerning the files.

Asked on March 3, 2017 under Immigration Law, Washington


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, as long as he entered on a visa that allows for change of status to permanent residence, he is able to remain in the US past the expiration date of his I-94 card as long as he is married to a US citizen and has applied for adjustment of status on that basis.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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