I-94 expires in a month and I decided to file I-130 and I 485 concurrently.

1

14ksusha

Registered Users (C)
Hello everybody,

If I-94 expires in a month, is it too late to file I-130 and I485 concurrently for my dad? He has medical issues and we would like him to stay.
 
Once your dad's I-485 has been properly filed and acknowledged, he will be considered in status even if his I-94 expires. Make sure that you have all supporting documentation available with the applications (birth certificate - yours and your dad's, your dad's marriage certificate, etc.) Youd dad will also have to complete a medical exam from an approved doctor and obtain doctor's report as part of I-485. The medical exam can be done later when USCIS requests for it (you will be sent an RFI - request for evidence).
 
nkm-oct23 said:
Once your dad's I-485 has been properly filed and acknowledged, he will be considered in status even if his I-94 expires.
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Technically, he will not be "in status" after the I-94 expires. However, he will not be unlawfully present, and he will not be deportable.
 
ok, so as long as I file before I-94 expires and have a receipt from USCIS that paperwork has been received, we are ok. Thank you so much!!
 
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