If you’re a U.S. citizen and you filed Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time for your spouse, you may be wondering if they are now protected from deportation—or if they are legally allowed to stay in the country while they wait for their green card.
The short answer: your spouse may be in an “authorized period of stay” but has not received lawful status yet. That means they are generally protected from removal while the I-485 is pending, but they do not have full legal status until the green card is approved.
This article explains the difference between status, authorized stay, and protection from removal—and how concurrent filing affects each.
What Is Concurrent Filing?
Concurrent filing refers to submitting Form I-130 and Form I-485 at the same time, often with Form I-765 for work authorization and Form I-131 for travel permission (advance parole). This is only allowed when:
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The petitioner is a U.S. citizen (not a green card holder), and
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The foreign national spouse is physically present in the U.S., and
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A visa is immediately available (which is true for immediate relatives of U.S. citizens)
Concurrent filing helps streamline the green card process and lets the applicant stay in the U.S. while their case is being processed.
Does Concurrent Filing Give Legal Status?
No, filing the I-485 does not give your spouse lawful immigration status. However, it does place them in a special category known as being in a “period of authorized stay”.
Let’s break it down:
Lawful Status vs. Authorized Stay
| Term | What It Means | Applies to I-485 Applicant? |
|---|---|---|
| Lawful Status | Granted a specific nonimmigrant or immigrant status (like F-1 student or permanent resident) | No |
| Authorized Period of Stay | Allowed to remain in the U.S. while application is pending with USCIS | Yes |
An applicant with a pending I-485:
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Does not accrue unlawful presence, even if they overstayed their visa
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Is not considered to be in a valid status, but
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Is allowed to remain in the U.S. and cannot be removed without due process
Is My Spouse Protected From Removal While the I-485 Is Pending?
In most cases, yes.
If your spouse has a pending I-485 application that was properly filed and accepted by USCIS, they are generally not a priority for removal. U.S. Immigration and Customs Enforcement (ICE) typically does not initiate removal against people with pending green card applications—especially if they are married to U.S. citizens, have no criminal issues, and are actively following the process.
That said, this is not a legal guarantee. The protection is:
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Procedural, not permanent
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Subject to agency discretion
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Dependent on full compliance (showing up for biometrics, interviews, etc.)
If your spouse is arrested or flagged in another system (such as through a traffic stop), ICE still has the authority to initiate proceedings. If removal proceedings are started, your spouse may still be eligible for relief based on the pending I-485.
What About Work Permits and Travel Documents?
When you file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) with the I-485, your spouse can receive:
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A work permit (EAD) within 3–6 months
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Advance parole (travel permission) if Form I-131 is approved
These documents DO NOT grant legal status, but they do allow your spouse to work and re-enter the U.S. while the green card is pending. Leaving the U.S. without advance parole, however, can result in the application being denied.
What Happens If the I-485 Is Denied?
If USCIS denies the I-485 application:
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Your spouse is no longer in a period of authorized stay
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They may become subject to removal proceedings
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The I-130 alone does not protect them from deportation
If this happens, it’s important to contact a qualified immigration attorney immediately. In some cases, it may be possible to re-file or appeal.
Final Notes
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Filing I-130 and I-485 concurrently does not create legal immigration status, but it does protect most applicants from deportation while their case is pending.
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Your spouse is in a period of authorized stay, which prevents the accrual of unlawful presence and typically avoids removal action.
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Always keep a copy of your I-797 receipt notices and attend all required appointments.
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If your spouse entered without inspection or has a past removal order, speak to an immigration attorney before filing.
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If you are a Canadian and have any questions regarding your stay in the U.S., we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
