rk_

Pl consider the following:

* My parents have a valid B2 visa and entered the
country during April 2002. The visa is valid till 2008.

* I filed an immigration petition I130 before the
I94 expired. I unfortunately forgot to file the
adjustment of status (I485) concurrently.

* INS has (naturally) refused to renew the I94 in
view of the pending I130 petition.


Now to my questions:

1) Can my parents stay with an expired I94 while I130
is pending?
2) While I130 is still pending, can I go ahead and file
I485? Would it be accepted?
3) How long does the San Jose, CA INS center typically take
to approve I130?

Thanks,

/b

Hnchoksi

    >Subject: I-94 expired, can I wait for pending I130?
    >From: [email protected]
    >Date: 12/13/02 2:25 PM Eastern Standard Time
    >Message-id:
    >Pl consider the following:
    >* My parents have a valid B2 visa and entered the
    > country during April 2002. The visa is valid till 2008.
    >* I filed an immigration petition I130 before the
    > I94 expired. I unfortunately forgot to file the
    > adjustment of status (I485) concurrently.
    >* INS has (naturally) refused to renew the I94 in
    > view of the pending I130 petition.
    >Now to my questions:
    > 1) Can my parents stay with an expired I94 while I130
    > is pending?
    > 2) While I130 is still pending, can I go ahead and file
    > I485? Would it be accepted?
    > 3) How long does the San Jose, CA INS center typically take
    > to approve I130?
    >Thanks,
    >/b
Are you a USC?

Sylvia Ottemoeller

"Hnchoksi" wrote in message
news:[email protected]...

    > >Subject: I-94 expired, can I wait for pending I130?
    > >From: [email protected]
    > >Date: 12/13/02 2:25 PM Eastern Standard Time

    > >Pl consider the following:
    > >
    > >* My parents have a valid B2 visa and entered the
    > > country during April 2002. The visa is valid till 2008.
    > >
    > >* I filed an immigration petition I130 before the
    > > I94 expired. I unfortunately forgot to file the
    > > adjustment of status (I485) concurrently.
    > >
    > >* INS has (naturally) refused to renew the I94 in
    > > view of the pending I130 petition.
    > >
    > >
    > >Now to my questions:
    > >
    > > 1) Can my parents stay with an expired I94 while I130 is pending?

INS probably won't come out and pick up your parents. But their current
status is not legal.

    > > 2) While I130 is still pending, can I go ahead and file I485? Would it
be accepted?
    > > 3) How long does the San Jose, CA INS center typically take to approve
I130?

    > Are you a USC?

I'm assuming you are a U.S. citizen, rk. The INS San Jose office will not
adjudicate an I-130 filed by itself. An I-130 filed by itself must be filed
at an INS Service Center.

INS San Jose will probably return the whole I-130 to you. (By the way, you
must file a separate I-130 for each parent.)

What you should do is to file Form I-130/I-485 immediately for each parent
at INS San Jose, and disclose on the I-130 the existence of any previous
filed I-130. It's possible that someone at INS San Jose could find the
previous I-130s laying around somewhere, but I would not waste time asking
for that, and I wouldn't count on it. Just refile and pay the fees.

Because of INA section 245(c), your parents, as immediate relatives, are
exempt from the requirement to maintain continuous valid temporary status,
in order to file Form I-485. The day that INS San Jose accepts the
I-130/I-485, each of your parents will gain legal status in the U.S.,
"pending AOS."

rk_

Hello -

I found out that with the new FBI checks, AOS in San Jose, Ca
takes an additional 3 months for folks over 70 and 6mo for others.
My parents are in a situation where I130 is still pending
while I am yet to file AOS (I am a USC).

Hence, even if I file a new I130+I485 today, the expected date
of approval could be as far away as 12/2003. My parents need to
return back to their native country by mid of next year.

I am toying with not submitting AOS and having them leave the US
by Feb 03. They could file AOS through the National Visa Center,
at the approval of I130.

However, since their I94 extension request (I539) was rejected on
Dec 5 2002, their staying on (without a pending AOS petition) is
illegal.

Would this short period of being out of status count against them
when they apply for AOS from their native country?

In other words, after I539 is rejected, how much time do the
parents of a USC have to leave the country? Does a pending I130
make a difference to the answer of this question?

/b


In article ,
Sylvia Ottemoeller wrote:
    >"Hnchoksi" wrote in message
    >news:[email protected]...
    >> >Subject: I-94 expired, can I wait for pending I130?
    >> >From: [email protected]
    >> >Date: 12/13/02 2:25 PM Eastern Standard Time
    >> >Pl consider the following:
    >> >
    >> >* My parents have a valid B2 visa and entered the
    >> > country during April 2002. The visa is valid till 2008.
    >> >
    >> >* I filed an immigration petition I130 before the
    >> > I94 expired. I unfortunately forgot to file the
    >> > adjustment of status (I485) concurrently.
    >> >
    >> >* INS has (naturally) refused to renew the I94 in
    >> > view of the pending I130 petition.
    >> >
    >> >
    >> >Now to my questions:
    >> >
    >> > 1) Can my parents stay with an expired I94 while I130 is pending?
    >INS probably won't come out and pick up your parents. But their current
    >status is not legal.
    >> > 2) While I130 is still pending, can I go ahead and file I485? Would it
    >be accepted?
    >> > 3) How long does the San Jose, CA INS center typically take to approve
    >I130?
    >> Are you a USC?
    >I'm assuming you are a U.S. citizen, rk. The INS San Jose office will not
    >adjudicate an I-130 filed by itself. An I-130 filed by itself must be filed
    >at an INS Service Center.
    >INS San Jose will probably return the whole I-130 to you. (By the way, you
    >must file a separate I-130 for each parent.)
    >What you should do is to file Form I-130/I-485 immediately for each parent
    >at INS San Jose, and disclose on the I-130 the existence of any previous
    >filed I-130. It's possible that someone at INS San Jose could find the
    >previous I-130s laying around somewhere, but I would not waste time asking
    >for that, and I wouldn't count on it. Just refile and pay the fees.
    >Because of INA section 245(c), your parents, as immediate relatives, are
    >exempt from the requirement to maintain continuous valid temporary status,
    >in order to file Form I-485. The day that INS San Jose accepts the
    >I-130/I-485, each of your parents will gain legal status in the U.S.,
    >"pending AOS."