Is stay in US legal while I-130 is processing?

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Manny17

Registered Users (C)
Is stay in US legal while I-130/I-485 is processing?

Hi! I petitioned for my parents green card.
Can someone tell me how long it takes for the
processing in San Jose, CA?

My mom's is currently with me on vistor (B2)
vias and stay is supposed to expire on 12/19.
Should I file for extension of stay?

Can I apply for extension of stay while I-130/I-485
is in process? Or it is ok to stay in US while
I-130/I-485 is in process?

How can I tell if INS has accepted the application
and its in processing?

--manny
 
Last edited by a moderator:
Originally posted by Manny17
Hi! I petitioned for my parents green card.
Can someone tell me how long it takes for the
processing in San Jose, CA?

My mom's is currently with me on vistor (B2)
vias and stay is supposed to expire on 12/19.
Should I file for extension of stay?

Can I apply for extension of stay while I-130
is in process? Or it is ok to stay in US while
I-130 is in process?

--manny
Click to expand...

She can stay only if an Adjustment of Status application (I-485) is pending. If you have not filed I-485, do it now. Otherwise she will be out of status after 12/19. Filing I-130 DOES NOT give her a valid status.
Her extension of B2 visa will be denied since B2 requires no immigrant intent which she clearly has because of the pending I-130.
 
filed both I-130 and I-485

Hi! I have filed both I-130 and I-485 for my
parents along with all supporting documents.
Does that mean, my parents can stay in US legally
even if I-94 expires?

How can I tell if I-130/I-485 has been accepted?
Does INS send some form of receipt or cash the
checks as an indication that application is in
process?

I had applied end of October, but then INS sent
it back saying not all fees was included. The
fees have changed and forms/website did not
indicate so...and that is why it was sent back.
Now I have refiled with all required fees. But
how can I tell if the application has been
accepted and in process?

--manny
 
The only official way to know is to wait for the receipt notice.
However you can also track your fee check to see if it has been cashed. Sometimes the receipt number is also written on the back side of check.
 
Re: filed both I-130 and I-485

I am sure you have made copies of your application and sent it to the INS via FedEx or Certified mail (where you get the proof of delivery) at your San Jose district office.
 
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