Applied for AOS but I-94 and 10yr ME Visa Expiring Soon

I

invin

New Member
We applied I130 and I485 for parents while they are still here - been 3 weeks now. Their I-94 is expiring Nov 20th and 10 year multiple entry visa expiring Dec of this year. Their flight return ticket is scheduled for the 4th of Nov. We can probably move the flight ticket to the 20th November hoping they may get reservation around that time.
But our challenge is figuring out if they should overstay their I-94 and/or Visa if we havent heard from USCIS by then? What are the ramifications of overstaying on their current application?
Should we try to extend their stay but given the existing visa stamp expiring by end of Dec - is it even worthwhile?
What is the typical timeframe to get an acceptance/rejection notice from USCIS (Illinois)?
Pls advise.
 
When did your parents enter and when did you file adjustment of status for them? If the duration was very short, they are in danger of the prior intent issue. There is no problem them overstaying because once USCIS receives and acknowledges their I-485 application, they continue to be in legal status regardless of I-94 date.

In any case since you've already applied for them, going forward they are essentially ineligible for visitors visas so there is nothing to lose by staying to see the green card through if you know there are no outstanding issues with them getting approved.
 
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Once USCIS receives and acknowledges their I-485 application, they continue to be in legal status regardless of I-94 date. Did you get a receipt notice for their applications? Did you send all forms and documentation necessary for I-485 (medical report, Affidavit of Support, etc.)?
 
Response to the Query

nkm-oct23 said:
Once USCIS receives and acknowledges their I-485 application, they continue to be in legal status regardless of I-94 date. Did you get a receipt notice for their applications? Did you send all forms and documentation necessary for I-485 (medical report, Affidavit of Support, etc.)?
Click to expand...

I have not received the notice of their application. Hence my worry if they overstay - would that have any ramification on the application?
Do you know how long it typically takes to get the receipt notice once you apply? I've applied with all the necessary documentation and dont expect any issues with filing - but you never know.
Thank you in advance for your reply.
 
Response to the query below..

ananga73 said:
When did your parents enter and when did you file adjustment of status for them? If the duration was very short, they are in danger of the prior intent issue. There is no problem them overstaying because once USCIS receives and acknowledges their I-485 application, they continue to be in legal status regardless of I-94 date.

In any case since you've already applied for them, going forward they are essentially ineligible for visitors visas so there is nothing to lose by staying to see the green card through if you know there are no outstanding issues with them getting approved.
Click to expand...

My parents entered this country from India, on the 6th of May this year. AoS was filed abt 4 weeks back. Can you pls explain what the danger of prior intent is all about?
I have not received the notice of their application. Hence my worry if they overstay - would that have any ramification on the application?
Do you know how long it typically takes to get the receipt notice once you apply? I've applied with all the necessary documentation and dont expect any issues with filing - but you never know.
Thank you in advance for your reply.
 
Did you check if the applications arrived at USCIS (do you have a tracking number from the mail or courier service)?

Do you know if USCIS cashed the checks you sent with their applications?
 
You should typically get receipt notices within a couple or so weeks if everything was done properly. I received my text notice in 5 days and my paper copies of the notification in 15 days. Henceforth when dealing with official issues like this, use certified mail/courier service so this anguish is eliminated.

invin said:
My parents entered this country from India, on the 6th of May this year. AoS was filed abt 4 weeks back. Can you pls explain what the danger of prior intent is all about? Dont worry about it, they are safe.
I have not received the notice of their application. Hence my worry if they overstay - would that have any ramification on the application?
Do you know how long it typically takes to get the receipt notice once you apply? I've applied with all the necessary documentation and dont expect any issues with filing - but you never know.
Thank you in advance for your reply.
Click to expand...
 
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I applied for my parent last week and I have already received the receipt notices. In fact I did not get any email/text notification.
 
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