B1 Rejected/Applied I485 (Jim Please help/respond)

R

riyer

Registered Users (C)
B1 Rejected/Applied I485

The situation is the following:
My parents arrived on B1 Visa and
B1 Visa valid till Oct 19, 2002
B1 visa extension applied in Sept, 2002.
RFE requested for additional information in November.

Application for extension denial received in mail on 01/04/03 (Notice date: 12/30/02)

Meantime, have applied for I-485 (for adjustment of Status) on Dec 31, 2002 due to a petition applied by me for parents by I-130 (petition for Alien Relative) and received by the INS on January 2, 2003. I am a US citizen.

Question is :

Are they considered out of status now? And if so how long are they allowed to stay? In the meantime I-485 has been applied and they cannot leave the country without advanced parole.

Are they considered in Legal status since Application for I-485 has been filed?

Please give me any other options if there are any. thanks

Radha
 
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I think your parents are fine. In fact, they are eligible for advanced parole also and should apply for it. However, even after they receive their respective travel documents, unless there is a compelling reason for them to travel abroad, they should play it safe and not leave the country.

It is my understanding that if you are eligible to file for adjustment of status and do so, you can stay in the country at least until your case is adjudicated. As immediate relatives (parents) of a US citizen (you), your parents were eligible to apply since they entered the US on valid visas.
 
Thanks much for the insight. The thing that I am really concerned about is:

The application for I485 was mailed on 12/31/02 with Postal delivery confirmation of 01/02/03 while the response for I539 for extension of B1 has a notice date of 12/30/02 received in mail by us on 01/04/03. Will they be considered illegal for even one day? or will they be considered illegal from the time their first visa expired which is October 19, 2002 even though the application for extension was pending at the time.

P.S: The I485 was originally sent to the Vermont Service centre received by them on Oct 17,2002. The INS had returned the application due to an increase in the Finger Print cost and had additionally instructed us to submit the application at the Local Service Center- Newark.

Would appreciate any additional comments/insights.

Radha
 
Check out: http://imminfo.com/Resources/INS/INSMemos/INSMEMOEOS_COSPending.html

Your parents were in status at least until the INS adjudicated their extension-of-stay applications (incidentally, why were they denied?). Technically, they may have been briefly out of status after that for a day (3 days?) but even this is debatable. In any case, this whole issue is somewhat moot since each of them has filed for adjustment of status.
 
Thanks much again. In an RFE, they had asked to provide either the information on financial availability to buy the return ticket or the return ticket itself. We had provided them the financial bank statement to support the availability of funds. The return Tickets had expired since they were valid only for 6 months. We didn't want to buy the ticket since we could have extended the ticket to only about 3 months with little fee versus buying an entirely new ticket if they got the extension for 6 months. In essence, Buying the tickets was dependent on how long they would get the extension for.

Evidently, they were not convinced that they will return, i believe.
 
There is a slim chance that the INS took note of the fact that you and they had attempted to file forms I-130 and I-485 respectively in mid-October. If so, they couldn't possibly approve the I-539 applications. Once again, this isn't a cause for concern.
 
And now the I-485 was returned and the memo indicated that they need the approval of I-130 that was filed and will not accept the receipt notice for I-130. I-130 Petition was sent in Sept to vermont. I thought u could file both the I-130 and I485 at the same time......

Tired of this.
 
You may file the two forms concurrently only at your local INS office. If you file form I-130 at a service center, you will have to wait till it is approved to file form I-485 at your local office.
 
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