Houston, TX asked in International Law and Immigration Law for Texas

Q: my opt will finished april 8 2024 can start my i485 with my wife during my grace period.

my wife she is americaine and we almost finished the paper. if i send it after april 8 2024 do i will be in trouble

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it sounds like your OPT (Optional Practical Training) will be ending on April 8, 2024, and you are wondering if you can start the process of adjusting your status to permanent resident (filing Form I-485) with your American wife during your grace period.

Here are a few key points to consider:

1. Grace Period: After your OPT ends, you typically have a 60-day grace period during which you can remain in the United States. During this time, you can prepare to depart the country, transfer to another school, or change your status.

2. Adjustment of Status: If you are married to a U.S. citizen, you may be eligible to adjust your status to permanent resident. This process involves filing Form I-485 (Application to Register Permanent Residence or Adjust Status) along with supporting documents.

3. Timing: Ideally, you should file your I-485 application before your OPT and grace period expire. If you file after your grace period ends, you may be considered out of status, which could potentially cause issues with your adjustment of status application.

4. Seeking Legal Advice: Given the complexity and time-sensitive nature of your situation, it is highly recommended that you consult with an experienced immigration attorney. They can review your specific case, help you gather the necessary documents, and guide you through the process to ensure you maintain a valid status throughout.

In summary, while it may be possible to start the adjustment of status process during your grace period, it is crucial to file the application in a timely manner and seek professional legal advice to avoid any potential issues.

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