What happens if your B2 Visa expired during you're filing a I-485 (Adj. of Status) with a I-765 (Work Perm)?
Answer:
As long as the I-485 is pending, you are allowed to stay in the country while it is being processed. Remember to keep all documentations and receipt numbers for future reference. Adjustment of status could take 6-months to a year.
I suggest consulting a lawyer or check with your local City Hall for free Immigration counseling. Don't talk with the USCIS Customer Service provides incorrect information. Get the proper information you need, get it done and get it done right the first time.
Ur visa is pending with it untill they decide on ur case. If they decide negative..ur a gonner, if they decide positive..ur visa gets renewed with the new status.
If the B2 visa expired, then you have overstayed. Generally, if you have already overstayed then the gov't will disallow an adjustment of status. However, if it's only a short overstay and the adjustment of status is based on marriage to a U.S. citizen, the government sometimes forgives the overstay. I believe there is a specific form to fill out to request this. But you really need a lawyer to do this.
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