B2 extension while green card pending?

P

pineman

New Member
I am a US citizen and my parents are currently visiting me on a B2 visa (they are in US right now). They filed their green card application a month ago.

As I understand, they could legally stay in US while their green card application is pending, but do they need to file for B2 extension while waiting?
 
... so their stay in US after their B2 status expires is legal, right (because they have a pending green card application)?
 
oops. looks I made a mistake. I should have filed 130 and 485 concurrently but didn't. Can I file 485 while 130 is pending? Do I have to file a new I130 if I file I485 now??

thanks in advance. you guys have been very helpful.
 
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Thanks a lot!!

One final question: on I-485 form, party 2, application type, what type should I check? Option (a) basically says either an I-130 approval notice (which I don't have yet), or a relative visa petition filed with this application that will give you an immediately available visa number if approved. Should I select this option? Seems to me this is the best match, but technically the I-130 is not filed with this application.

So the question is should I select option (a) or perhaps option (h) with some explanation? How should I explain it?

thanks!!
 
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