Form I-485

DHS Announces Rule for Certain Children Born in the United States to Foreign Government Employees

Release Date09/04/2026

The Department of Homeland Security today issued an interim final rule amending its regulations to allow certain children born in the United States to foreign government employees who are not U.S. citizens to register as lawful permanent residents.

Senior Citizen Green Card Holders Traveling Frequently

Question details

Does returning to the US every 6 months protect my Green Card if I travel frequently?

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FAQ Transcript

Not necessarily. A Green Card requires that the US be your permanent home. Simply returning every 6 months is not a legal guarantee of maintaining status. If you have legitimate, short-term travel commitments, it is advisable to apply for a re-entry permit to protect your status.

Status of Derivatives when the Primary Applicant Receives a Green Card

Question details

My spouse was the primary applicant for our Adjustment of Status, and they just received their Green Card. I am a derivative on the same application, but my case is still pending. What is my legal status, and can I continue to work?

You remain in I-485 Pending status. Your status does not automatically convert to a Lawful Permanent Resident (LPR) just because the primary applicant was approved; each individual application must be adjudicated. As long as you have a valid Employment Authorization Document (EAD), you can continue to work legally in the United States. You are no longer in your previous non-immigrant status (like H-4) once you begin relying on the I-485 pending status or the EAD.

Impact of Layoffs on Pending Adjustment of Status (I-485)

Question details

I have a pending I-485 Adjustment of Status application based on an approved I-140. If I am laid off but receive a severance package that keeps me on the "official" payroll for several weeks, when does my status become an issue, and can I move to a new employer?

 Under the American Competitiveness in the Twenty-First Century Act (AC21), you can "port" your green card process to a new employer if your I-485 has been pending for 180 days or more and you have an approved I-140. If you are laid off before the 180-day mark, you are in a more precarious position. However, if your employer keeps you on the payroll via severance, your official termination date (the date you no longer have a "bona fide" job offer) is what typically triggers the legal concern.