An EB-3 green card applicant is facing a serious legal crisis after a long wait. Their I-485 Adjustment of Status application was denied after nearly three years of processing, putting their stay in the US at risk.
Application Filed After F-1 Status
The applicant originally held F-1 status and applied under the EB-3 category in 2022. They believed the pending filing offered legal protection. Based on this understanding, they made major decisions about their status.
Work Authorisation and Status Drop
After filing, the applicant stopped maintaining F-1 status. They began working using an approved Employment Authorisation Document. This step was taken assuming the application was valid and pending.
USCIS Cites Priority Date Issue
USCIS later denied the petition. The reason given was that the priority date was not current at the time of submission. Because of this, the filing itself was declared invalid.
Three Years Out of Status Risk
This decision has severe consequences. Since the original filing is considered invalid, the applicant is technically out of status for three years. This has placed them in a highly vulnerable legal position.
Section 245(k) Offers No Relief
Experts have clarified that Section 245(k) will not apply here. The rule forgives only up to 180 days of status violations. It does not cover long term gaps under employment based categories.
Unlawful Presence Still Unclear
There is some limited reassurance. The applicant may not have accumulated unlawful presence yet. They entered the US under Duration of Status as an F-1 students.
Duration of Status Explained
Under current legal precedents, unlawful presence begins only after a formal finding of a status violation. Until such a finding, time spent may not count as unlawful presence.
Legal Help Is Urgent
The applicant must consult an experienced immigration lawyer immediately. Several lawyers have already declined the case. Still, experts stress the importance of continuing to seek legal advice.
Narrow Window to Act
The only possible path forward may be refiling within 180 days of rejection. The applicant must urgently determine whether they can stay in the US or need to depart immediately.
