Before filing my I-485, but my status renewal has been denied

Q.

I am at the last step of my employment based immigration before filing my I-485, but my status renewal has been denied. Can I stall time by filling out the 290B form to appeal and file my I-485?

A.

Although it depends on the reason of your denial, you should fill out the 290B form if possible. However, you will have to leave the U.S. if your appeal is denied since you haven’t obtained your green card yet. If you stay, you may become undocumented. If your appeal is accepted and your renewal is ultimately approved, everything will proceed without any problems.

-------------------------------------------------------------------------------------- Disclaimer We do not provide legal advice from this web site. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

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