回复：回复：I-94过期: 请教

 

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-9232.html

I cited the following from the above USCIS website about 245(k) which is related to your case. So, I think you can file your I-485 because your unlawful presence is less than 180 days.Read the read color part below.

 

Section 245(k) can render the normal bars to adjustment of status found in section 245(c)(2) , (c)(7) , and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days:

(A) failed to maintain, continuously, a lawful status;

(B) engaged in unauthorized employment; or

(C) otherwise violated the terms and conditions of his or her admission.

 

          .......................

 

C)      Failed to Maintain a Lawful Status and/or Violated the Terms of a Nonimmigrant Visa .

 

(i)     General .

 

Expiration, revocation, or violation of status puts a nonimmigrant out of status, and the alien remains out of status until some adjudication restores status or the alien departs the United States.

 

In most cases, the 180-day counting period commences on the date the alien’s status expires, is revoked, or is violated following the alien’s most recent admission. In addition, with the exception of a dual intent nonimmigrant, a nonimmigrant is only required to maintain his or her nonimmigrant status until the time he or she properly files an adjustment of status application with USCIS, because most nonimmigrants who apply for adjustment of status are presumed to be intending immigrants and are no longer e ligible to maintain a nonimmigrant status. Therefore, for purposes of the 180-day counting period, calculation of the number of days for failing to maintain status or violating a nonimmigrant visa will stop as of the date USCIS receives a properly filed adjustment of status application.

 

Notwithstanding, a properly filed adjustment of status application, in and of itself, does not accord lawful status or cure any violation of a nonimmigrant visa. For example, if an alien applied for adjustment of status three days prior to the expiration of his or her nonimmigrant status and the adjustment of status application was eventually denied, the alien will not be considered to be in lawful status after the expiration of the nonimmigrant status.

 

Consequently, if the same alien files a second application for adjustment of status, the period after which the nonimmigrant status expired and during which the first adjustment of status application was pending counts against the 180-day period when considering eligibility for relief under 245(k) in the adjudication of the second adjustment of status application.

所有跟帖： 

• 回复：I-94过期: 请教 -lfy2000- ♀ (318 bytes) () 01/19/2012 postreply 19:09:53

• 回复：回复：I-94过期: 请教 -863211- ♂ (638 bytes) () 01/19/2012 postreply 19:19:14

• 回复：回复：回复：I-94过期: 请教 -lfy2000- ♀ (43 bytes) () 01/19/2012 postreply 19:12:48