GC for Parents: When in US on visitor visa & I-94 expires..

shashidar

Registered Users (C)
Hi,

If I apply for my parents GC when they are in US on visitor visa,
what happens to their visitor visa status ?
And also what is the procedure required if their I-94 expires before the case is approved.
Is it possble to apply for I-94 extension ?

Is it possible for them to travel outside US and come back with I-131 (Travel Document) ?
Please let me know.

Thanks,
shashi
 
shashidar said:
Hi,

If I apply for my parents GC when they are in US on visitor visa,
what happens to their visitor visa status ?
It gets cancelled.
And also what is the procedure required if their I-94 expires before the case is approved.
None.
Is it possble to apply for I-94 extension ?
You don't need to. Once you file the paperwork, they will be in pending AOS status. If you apply after their I-94 expires, it would still be OK, sinse the overstay is forgiven to immediate relatives of USC.
Is it possible for them to travel outside US and come back with I-131 (Travel Document) ?
Yes, if you apply before their I-94 expires.
 
Last edited by a moderator:
Thanks for your quick reply.

Is it possible for them to stay back in US even if their I-94 is expired when AOS is pending without any penalties (I-485A) or any obligations ?

Thanks,
shashi
 
shashidar said:
Thanks for your quick reply.

Is it possible for them to stay back in US even if their I-94 is expired when AOS is pending without any penalties (I-485A) or any obligations ?

Thanks,
shashi
YES.
 
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