Q: Can I apply for adjustment of status with I-485 if I am currently out-of-status?
Hi, I am the spouse of an US citizen. I was until today on a F-1 student status. I had to take a break from my studies because my husband got a job in a different state and I went with him, therefore I lost my F-1 status. The information on USCIS website says that since I am a spouse of an US citizen I can still apply for green card even if I am out of status and also says that I should complete a I-485 for adjustment of status but when I go on the I-485 page and read all about it the information is that you cannot complete and ask for an adjustment of status with I-485 if you don't have a status anymore. Which one is correct? Thank you!
A: The general rule is that persons applying for adjustment of status in the United States must maintain their immigration status at the time of filing such application. However, there are exceptions to this rule. This means there are situations where non-US citizens are eligible to file for adjustment of status despite the fact that they are out of status. Spouses of United States citizen fall within the exception. If you're trying to file this application on your own without understanding the law and the application process, I highly recommend you at least consult with an Immigration Attorney to get a clear overview of the application process prior to filing your immigration application with USCIS.
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