Q: Can I apply for adjustment of status with I-485 if I am currently out-of-status?

A: The general rule is that applicants for adjustment of status must maintain valid immigration status when filing. However, there are exceptions to this rule. Certain non-US citizens can still apply for adjustment of status, even if they are out of status.
One key exception is for spouses of U.S. citizens. They can apply for adjustment, even without maintaining continuous immigration status. If you’re considering filing this application without legal guidance, it’s important to understand the process thoroughly.
I strongly recommend consulting an immigration attorney before submitting your application to USCIS. This will give you a clear overview of the legal requirements and process.
For immigration guidance on your adjustment of status, feel free to contact us today!