Form 485 filing, If i-94 has expired

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Chand2020

Registered Users (C)
If a US citizen is filing for a parent' s greencard, (while the parent is in US and I-94 has expired) Is form 485 required to be filed?

- I read on this form that if current status has expired then 485 is not required. (Is some other form required instead?)

Appreciate a reply.
 
Chand2020 said:
If a US citizen is filing for a parent' s greencard, (while the parent is in US and I-94 has expired) Is form 485 required to be filed?

- I read on this form that if current status has expired then 485 is not required. (Is some other form required instead?)

Appreciate a reply.
Click to expand...


You misunderstood the instruction. You can file for your parent and include the I-485 because it forms the basis for AOS. His/Her expired I-94 is irrelevant, as long the I-94 is still in the possession of your parent. You will need to send a copy of the I-94 as well, but send all forms in one package and your parents should never leave the US until the greencard is approved. :)
 
Clarification

Hello There,
Can you please clarify, how i misunderstood (Before posting i had a couple other people interprt the same way as i did)

The language clearly states, not eligible for adjustment of status if authorized stay expired before filing the 485 application.

Appreciat your response.
 
Read the instructions again, if you wish, while paying attention to the small print concerning immediate relatives. In fact, what you need to do is to file 130 131 485 693 765 864 together.
 
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Clarification

Hello acr, This is an elderly person and family based so i doubt 765 will apply.
We are also not interested in advance parole, so that form is not needed as well. I will read and definitely send the other forms. Thank you.
 
I concur with "acr", you WILL DEFINITELY need to send in the I-485 since that forms the basis of adjusting the status from visitor visa (which I assume your parents have) to the green card.

Look at my signature for the forms that I filed ( i had not filed for EAD since I was in the same boat as you are). Let me know if you need any more details.
 
Do not skip anything, not only they are free, but also you do not know when you need them. For example, ead is required to apply for ssn.
 
I-94 Record

Al Southner said:
You misunderstood the instruction. You can file for your parent and include the I-485 because it forms the basis for AOS. His/Her expired I-94 is irrelevant, as long the I-94 is still in the possession of your parent. You will need to send a copy of the I-94 as well, but send all forms in one package and your parents should never leave the US until the greencard is approved. :)
Click to expand...

How to get full I-94 record.
We can make it from our passport records,will that work?
 
AKG1943 said:
How to get full I-94 record.
We can make it from our passport records,will that work?
Click to expand...



If you lost the initial I-94, then apply for a replacement one which should accompany your applications. USCIS isn't interest in all your travels, just to make sure you came here legally and I-94 is one of the mechanisms which is used...
 
AOS vs CP

acr,
In a previous post you mentioned
"Do not skip anything, not only they are free, but also you do not know when you need them. For example, ead is required to apply for ssn"

- I believe form 765 for EAD requires fees, and EAD is not required for this person, she can wait for SSN until after the green card.


What are the benefits of doing a CP as opposed to filing AOS (Form I485 filing fees is one major difference)

Thank you again everyone for your response.
 
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