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i130-help-Status
- Thread starter fresh72
- Start date
if she wishes to be an illegal alien - yes.Can she stay in the us after her visitor visa has expired?
Lol...Thank you.. Follow up dumb question, can she stay if he files her 485 now?if she wishes to be an illegal alien - yes.
TheRealCanadian
Volunteer Moderator
Follow up dumb question, can she stay if he files her 485 now?
Yes.
thanks so even if her i130 is not approved by the time her visitor visa expires as long as she files a 485 petition she can stay?Yes.
I am going to assume that your friend is a US Citizen. If not, then he cannot file an I-485 for her. If he is USC, then yes, he may file an I-485, I-130 and all other relevant documents. Once they receive the NOA. His mom will be in a status called "AOS pending" and it is legal until she receives "approval/denial" from USCIS.
Make sure you to file, at least 1 week, before her I-94 expires. Not that it will cause any problem as she is an immediate relative of USC. But to avoid additional "$1000 fees" and more questioning during the interview. It is better for him to apply early.
Make sure you to file, at least 1 week, before her I-94 expires. Not that it will cause any problem as she is an immediate relative of USC. But to avoid additional "$1000 fees" and more questioning during the interview. It is better for him to apply early.
TheRealCanadian
Volunteer Moderator
But to avoid additional "$1000 fees" and more questioning during the interview. It is better for him to apply early.
There is no $1000 penalty fee for Immediate Relatives, or for anyone who filed after 2001.
Jackolantern
Registered Users (C)
thanks so even if her i130 is not approved by the time her visitor visa expires as long as she files a 485 petition she can stay?
Yes, assuming that she is not put in removal proceedings before she files the I-485. Note that even if the I-130 was approved, it still wouldn't allow her to stay, because I-130 by itself doesn't give or extend any legal status. It is the I-485 that would authorize her to stay in the US legally until the I-485 is decided.
The I-130 receipt* needs to be included with the I-485, since the I-130 and I-485 forms were not filed together.
*or the I-130 approval notice, if it's approved before filing the I-485
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