US citizen->Parents in US waiting for green card (how to stay legally?)
Sep 1st 2006, 2:40 am
#1
Guest
Posts: n/a
US citizen->Parents in US waiting for green card (how to stay legally?)
If a US citizen filed both I-130 and I-485 at the same time
for the parents who are in US legally as valid B1 (visitor) visa,
what happens if the parent I-94 expires before a decision is made?
Do they have to leave the country and wait outside the country for
consular processing?
Is there an extension of stay that can be filed?
--
for the parents who are in US legally as valid B1 (visitor) visa,
what happens if the parent I-94 expires before a decision is made?
Do they have to leave the country and wait outside the country for
consular processing?
Is there an extension of stay that can be filed?
--
Sep 1st 2006, 9:54 pm
#2
Guest
Posts: n/a
Re: US citizen->Parents in US waiting for green card (how to stay legally?)
anupam wrote:
> If a US citizen filed both I-130 and I-485 at the same time
> for the parents who are in US legally as valid B1 (visitor) visa,
> what happens if the parent I-94 expires before a decision is made?
They would be fine since if I-485 has been filed before B1 expires.
Keep your mail receipts.
>
> Do they have to leave the country and wait outside the country for
> consular processing?
No. I-485 is for adjustment of status. They need to wait here. If they
want to wait outside US, you need to let the USCIS know but why messed
that up when they can file Advance Parole (use form I-129, I think) at
the time of I-485 filing, if filign I-485 is what they want to do, that
would allow them to go outside US. It has 1 year expiration date.
>
> Is there an extension of stay that can be filed?
Not necessary if I-485 is filed before B1 expires. If I485 is not
filed, extension of B1 can be filed. Whether they will get the
extension or not is up to the decision maker.
>
> --
> If a US citizen filed both I-130 and I-485 at the same time
> for the parents who are in US legally as valid B1 (visitor) visa,
> what happens if the parent I-94 expires before a decision is made?
They would be fine since if I-485 has been filed before B1 expires.
Keep your mail receipts.
>
> Do they have to leave the country and wait outside the country for
> consular processing?
No. I-485 is for adjustment of status. They need to wait here. If they
want to wait outside US, you need to let the USCIS know but why messed
that up when they can file Advance Parole (use form I-129, I think) at
the time of I-485 filing, if filign I-485 is what they want to do, that
would allow them to go outside US. It has 1 year expiration date.
>
> Is there an extension of stay that can be filed?
Not necessary if I-485 is filed before B1 expires. If I485 is not
filed, extension of B1 can be filed. Whether they will get the
extension or not is up to the decision maker.
>
> --
