130/485 concurrent filing for parents - long wait for receipt - overstay question

S

stillwater09

New Member
I mailed the application of 130/485 for my parents who are here on B-2 last week to Chicago lockbox and it was delivered this Monday (3/18). Based on some online forum discussion, it seems that it takes really long time to get the receipt recently. Some people still haven't had their check cashed or received any receipt notification after a month. I start to worry that if we don't get a receipt before the 6 months allowed stay, my parents would be in overstay status. Is that a problem? Anything we can do? Thanks.
 
It's not a problem. First, when your parents do get the receipt, the Received Date will reflect the date it was received. Second, even if they filed I-485 after their status expired, it would not affect their case.
 
newacct said:
It's not a problem. First, when your parents do get the receipt, the Received Date will reflect the date it was received. Second, even if they filed I-485 after their status expired, it would not affect their case.
Click to expand...
Can you please clarify what you mean by "it would not affect their case"? Means they can stay longer than 6 months if they filed I-485?
 
polk2233 said:
Can you please clarify what you mean by "it would not affect their case"? Means they can stay longer than 6 months if they filed I-485?
Click to expand...
Someone who has a pending I-485 can stay in the US for as long as their I-485 is pending, no matter how long it takes. In fact, they cannot leave the US while their I-485 is pending, unless they have been granted an Advance Parole, or they will automatically abandon their I-485.

What I meant by "even if they filed I-485 after their status expired, it would not affect their case" is that eligibility for I-485 in this category does not depend on whether they were in status at the time of filing I-485. For example, they could have overstayed for years, and then filed I-485, and it would be adjudicated as normal, without needing a waiver or any other special process. My point was that there was no point in worrying whether the I-485 is officially received before or after their status expires, because it does not matter for the I-485.
 
You must log in or register to reply here.
Top