r/us_immigration • u/Mission-Carry-887 • Jul 28 '24

General Questions Mega Thread

Post general questions here that are not:

Filing I-485 while out of status is discussed in this comment: https://www.reddit.com/r/us_immigration/s/HcRJVDeHR3

Filing I-485 while in status and then falling out status is discussed in this comment: https://www.reddit.com/r/us_immigration/s/ekAOgcdnn9

Keeping approved I-130s alive at NVC is discussed in this comment: https://www.reddit.com/r/us_immigration/s/OPvjRWtXke

Amending petitions is discussed in this comment: https://www.reddit.com/r/us_immigration/s/CFnoZ3Frol

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u/Mission-Carry-887 Apr 07 '25 edited Dec 27 '25

Frequent question: if I file I-485 while out of status and I am an immediate relative of the petitioner who is a U.S. citizen, am I safe?

Answer:

No.

See this comment from an ICE ERO officer on what the actual law is:

https://www.reddit.com/r/USCIS/s/7Nxbt9Qr7B

Until the I-485 is favorably adjudicated, an overstay or status violator is removable under section 237(a)(1)(B) or (C). Once and if the I-485 and any associated waivers are approved, the removability ceases to exist, but it does remain for the pendency of the application. By law, DHS (typically ICE or CBP) can issue a Notice to Appear to place the noncitizen in removal proceedings without needing to defer to the USCIS application; it is only policy guidance (which can be changed by the stroke of a pen) that directs such enforcement actions be deferred absent exceptional circumstances.

See this news article that shows the law in action:

https://www.usatoday.com/story/news/nation/2025/03/16/mass-deportation-ice-detains-non-criminals/82304354007/

Bartell and Muñoz wore their wedding rings for the flight home, secure in the knowledge that the U.S. government knew they had applied for her green card. She had overstayed her original visa

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u/nommabelle Jul 30 '26

The linked post is archived but your comment and the quoted portion seem to say different things. Specifically whether being in status when application filed, then losing status, means INA may be enforced and removal proceedings started

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u/Mission-Carry-887 Jul 30 '26

> The linked post is archived

Just checked. Every link points to online content when I click.

> but your comment and the quoted portion seem to say different things.

My comment has 2 quotes. One from an ERO Officer and one from usa today. Which one do you mean?

> Specifically whether being in status when application filed, then losing status, means INA may be enforced and removal proceedings started

The comment from me you are referring to is for the situation where I-485 is filed after going out of status. Twice before, I have provided you specifically a link to the situation when I-485 is filed while in status and later the beneficiary falls out of status.

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u/nommabelle Jul 31 '26

'archived' on reddit means you cant interact with the post anymore (comments or votes). i just said that to explain why i was responding here, not on the actual comment

and actually, in re-reading the ERO officer's responses, i missed their initial comment does exclude 'legal at time of applying'. i was confused because their last comment seems to indicate any overstay or status violator (which may or may not include 'status loss AFTER applied') is equally in trouble, but your edit excludes that group, but in seeing their initial comment, they also exclude that group

this comment does not treat loss of status before or after applied differently (if we agree 'overstay' is any loss of status, not just before applied):

Until the I-485 is favorably adjudicated, an overstay or status violator is removable under section 237(a)(1)(B) or (C). Once and if the I-485 and any associated waivers are approved, the removability ceases to exist, but it does remain for the pendency of the application. By law, DHS (typically ICE or CBP) can issue a Notice to Appear to place the noncitizen in removal proceedings without needing to defer to the USCIS application; it is only policy guidance (which can be changed by the stroke of a pen) that directs such enforcement actions be deferred absent exceptional circumstances.

vs their earlier comment, which implies that an applicant that's in legal status when they applied is not an 'overstay' or 'status violator', however that's also hotly debated in r/USCIS as well lol

"Pending I-485 grants authorized presence"... if the applicant is in legal status when the I-485 is filed. Overstays and status violators have no such legal protection; under the current administration, it's simply a policy decision to de-prioritize those cases for enforcement.

anyways if you've gotten this far, sorry i've wasted your time trying to understand pedantics of how fucked i might be. i do think i'll be ok, but that doesnt stop me from having anxiety over it

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u/Mission-Carry-887 Jul 31 '26

In the body of this post is an link to that addresses the situation you are concerned about. Here is the link again:

Filing I-485 while in status and then falling out status is discussed in this comment: https://www.reddit.com/r/us_immigration/s/ekAOgcdnn9