Filed I-485. advise please

[dyingforgc]

My mom is in US on visitor visa (has 10 years multiple entry visa) her current I-94 expires in Jan-06. My sister being US citizen applied for Adjustment of Status for my mom and file I-485 1.5 months back on family based category. We have got her finger printing notice, which is in november.

My question is: Since we applied for AOS (I-485) she doesn't have to leave US on or before her I-94 expires as her AOS application is pending? Initially I was planning to apply for her visitor visa extension but just realized that since her AOS is pending, she legally can stay in the country. Is my understanding correct? Please advise.

 

[cherr1980]

Correct. You don't have to extend her visitor visa. She already has an application pending to immigrate. Actually when you apply for AOS as a family based category from a visitor visa, your B2 is not longer valid or can be use as a visitor anymore. If she wants to get out of the country like for example to visit a relative she will need to apply for an Advance of Parole (AP).
Her status is "adjustment of status" and she is in an authorize stay by the Attorney General until there is a result (grant or denial) of her application.
Good luck,

 

[dyingforgc]

Correct. You don't have to extend her visitor visa. She already has an application pending to immigrate. Actually when you apply for AOS as a family based category from a visitor visa, your B2 is not longer valid or can be use as a visitor anymore. If she wants to get out of the country like for example to visit a relative she will need to apply for an Advance of Parole (AP).
Her status is "adjustment of status" and she is in an authorize stay by the Attorney General until there is a result (grant or denial) of her application.
Good luck,

cherr1980, thanks a lot for quick response. I have a follow up question on your comment when you said my mother is no longer in B2 status as we filed AOS for her. I thought this is true only if she starts using her EAD (when she gets it). When one starts using EAD, which is received based on pending AOS, then only you are considered switching status from B2 to AOS. Isn't it correct?
Because in case of H1-B, AOS, I know if one starts using EAD then its considered in AOS otherwise in H1-B status and can leave and come to US on H1-B stamp, visa. In case of my mother can't she leave US and come back on visitor visa again? I understand that if she stays beyond her I-94 expiry date, she would be considered in LEGAL STAY based on pending I-485 but what if she leaves before I-94 expiry date and comes back on visitor visa again? Or she MUST have to have advance parole to travel? I am confused, would appreciate your comments.

Thanks,

 

[ari4u]

cherr1980, thanks a lot for quick response. I have a follow up question on your comment when you said my mother is no longer in B2 status as we filed AOS for her. I thought this is true only if she starts using her EAD (when she gets it). When one starts using EAD, which is received based on pending AOS, then only you are considered switching status from B2 to AOS. Isn't it correct?
Because in case of H1-B, AOS, I know if one starts using EAD then its considered in AOS otherwise in H1-B status and can leave and come to US on H1-B stamp, visa. In case of my mother can't she leave US and come back on visitor visa again? I understand that if she stays beyond her I-94 expiry date, she would be considered in LEGAL STAY based on pending I-485 but what if she leaves before I-94 expiry date and comes back on visitor visa again? Or she MUST have to have advance parole to travel? I am confused, would appreciate your comments.

Thanks,

Since your mom applied for I-485, her status is now pending AOS and she cannot use her B visa anymore. (Exceptions to this rule are H/L visas where you are still on a non-immigrant visa and have a petition for immigration). It would be wiser for her to apply for AP for travel as she would not be allowed to enter US on a B visa.