USCIS issued a "180 day rule" to allow people to file I-485 within 180 days out of status or illegal employment on Feb 22, 2005.
Certain individuals in the U.S., although unlawfully present, can still file an I-485 adjustment of status application, in the United States, by using 245(k) (these individuals are technically considered to be "lawfully present" in the United States for the purposes of filing an I-485 adjustment of status application.* 245(k) states that a foreign national can file an I-485 adjustment of status application IF:
(1) the foreign national, on the date of filing an application for adjustment is present in the United States pursuant to a lawful admission;
(2) the foreign national, 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.”
Certain individuals in the U.S., although unlawfully present, can still file an I-485 adjustment of status application, in the United States, by using 245(k) (these individuals are technically considered to be "lawfully present" in the United States for the purposes of filing an I-485 adjustment of status application.* 245(k) states that a foreign national can file an I-485 adjustment of status application IF:
(1) the foreign national, on the date of filing an application for adjustment is present in the United States pursuant to a lawful admission;
(2) the foreign national, 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.”
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