You won't be able to file an I-485 if you overstayed for over 180 days.
If you leave the country after an overstay of 180 days or more, you'd be banned from entering for 3 years.
10-02-2003, 02:57 PM
My mom is a US citizen and she applied for a Green Card for me. The I-30 has now been approved and my priority date will soon be current. After my case become current, I plan to file a I-485 (change of status) to apply for my Green Card. My current status is that I am in the US on a B-2 (tourist) visa. I have over-stayed my I-94 by 3 months and it will be 9 months or so by the time my case becomes current. Do you know how this will affect me in getting my Green Card?
10-13-2003, 12:42 PM
Does it mean that upto 179 days of overstay is allowed?
It is not really allowed, but it is tolerated. The language in the law (INA 245(k)) is:
"An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8) , if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
So an overstay up to and including 180 days does not prevent a person from adjusting status.
It is still illegal to overstay and should be avoided.