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

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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

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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