I-485 filing and I-94 extension

S

smallesh

Registered Users (C)
I'm US Citizen and applied I-130 for my MOM who is in US on 10 years Visitor VISA with I-94 expires on Feb 25, 2006. I-130 got approved. Waiting to gather all documents to apply for I-485 adjustment of status. Its going to take long time to get Birth Certificate and Police Clearance Certificates.

Here are my questions:

1. Do i need to apply for I-94 extension? Even If i apply for I-485 before I-94 expires?

2. Do i need to apply for I-94 extension? If i'm not able to apply for I-485 because of all documents not available by the time i-94 expiry date?

3. Can i apply for I-485 without Birth and Police Clearance letters and send them later when i get them? If yes, Do i still need to apply for I-94 extension?

Experts... Please help by answering these questions.

Thanks
 
smallesh said:
I'm US Citizen and applied I-130 for my MOM who is in US on 10 years Visitor VISA with I-94 expires on Feb 25, 2006. I-130 got approved. Waiting to gather all documents to apply for I-485 adjustment of status. Its going to take long time to get Birth Certificate and Police Clearance Certificates.

Here are my questions:

1. Do i need to apply for I-94 extension? Even If i apply for I-485 before I-94 expires?
If you applied for I-485, you dont have to extend the I-94.

2. Do i need to apply for I-94 extension? If i'm not able to apply for I-485 because of all documents not available by the time i-94 expiry date?
Yes, else she would start accuring illegal presence if she stays beyond her I-94 date.

3. Can i apply for I-485 without Birth and Police Clearance letters and send them later when i get them? If yes, Do i still need to apply for I-94 extension?
The day her I-485 is in the USCIS system, she would be classified under the Pending AOS category and does not have to renew the I-94 in this case. If you send in the application without the required documents, you will get an RFE which can delay your case. You are normally given upto 90 days to submit the required document failing which your application would be considered abandoned and your mom can face the risk of being deported if she is still here. If you plan to send the application without the required documents, you have to make sure that USCIS receives those documents within 90 days.

P.S: There is no need for police clearance if she is applying for AOS.

Experts... Please help by answering these questions.

Thanks
Click to expand...
 
You must log in or register to reply here.
Top