Impact on 485 status?

G

gang liu

Registered Users (C)
Hi,
  I filed my I485 in 12/7/2002, and finished Finger Print on 4/25/2002.
  I have a new baby and need my parents to take care of, and I want to extend my parents B2 visa (they are already here). I am considering the worst case, if the extension is denied and I still want my parents to remain taking care of my baby(I know the consequence for them: they will never come to US again, they are old and probably never will), is there any impact on my 485 case towards Green Card.?
  Thanks.
 
Take your own risk

I totallly understand your situation. But right now I guess timing is not good. And your question is really difficult. If you ask your laywer, I think you will get NO. Do not expect people on this borad to give some advice. No one except TSC knows the answer for sure. That is why, I guess, you have not received any response since your 1st post.
 
I don\'t think it affect you

Don\'t think that your parent staying in the country past their allowed time will affect your status. You would have done nothing wrong so I don\'t see how it could affect you.

Only thing it may cause if they are thorough in their background check is send you an RFE for whatever reason because now they doubt your application. Still, if you respond to the RFEs they would have no legal cause to deny your case, at least for your parent overstaying.
 
certainly not sure

The point here I would like to argue is the responsibility of sponsor. I assume the sponsorship for their parents is from Liu\'s. As Gking pointed out, everything before was okay. No one at check-in line of airline company was asking to surrender your I-94. It was required legally, but in fact kind of all volunteering. But now is "zero tolerance". If people are purposely against the policy (here I mean to do so after renewal application is declined), what kind of consequence behind is worth further to discuss here. I am not trying to put too much negative things on this issue, but reality with INS is not predictable now.
 
Nothing wrong?

Nothing wrong?
How about answering "Have you ever encouraged, induced, assisted,
abetted, or aided any alien to try to enter the US illegally",
item 3(c) on form I-485? Yes, technically this phrazing may be
construed to cover only the cases of illegal entry rather than
illegal overstay. However, if INS were to pick on that, I wouldn\'t
want to be your lawyer defending you on that basis.
And, in any case, how about "knowingly and willfully harboring an illegal alien", a federal crime?
 
Stay longer if extension applycation is pending

Alternatively, apply for extension just before current B-2 is expired (make sute to get receipt). I think that it is legal to stay longer when the case is pending. In case of denial, it is also legal for them to stay ca. 60 days before leaving. Am I right, Alex?
 
Used to be a reasonable route

It is legal to stay awaiting the decision on extension as long as the filing is not "frivolous", meaning "a priori without basis in law and in fact". This has been a reasonable amd smart thing to do, as almost no filing was ever deemed frivolous, but took INS several months to adjudicate giving one a lot of extra time. With new rules disallowing extensions other than in clearly "emergent" cases, a filing not falling under this set of circumstances may well be deemed frivolous. If that were to happen, the effect would be to have never filed. Also, extensions are now normally adjudicated in under a month, so little gain anyway. I\'m not aware of any 60 extra days rule if the petition is denied.
 
No impact on your 485 - I did it too

I applied an extension for my Mom's visa to stay with my newborn son when she was here already, and it was approved with no question (applied in the beginning of Dec 2001, got approval in the mid of January 2002 - took a month and a half). Since then she already visited us twice after she spent one full year with my son.

We submitted a letter along with the application, which explained why we needed my Mom to stay longer.
 
If I were U I will not close the doors of U.S. for my parents just for the sake of taking care of my baby. Since nobody knows the future.
 
Are we talking of the expiry of the Visa or just the I-94?

What if someone has a B visa for 10 years, but I-94 valid for only six months? What do we need to apply for?

Can this work?... The person has a valid visa but his I-94 is about to expire. He takes a visa to Canada/Mexica. Crosses the border, stays there a couple of days and then re-enters US with a new I-94? If this legally possible?
 
Whatever you do.. do not tell TSC you need your parents for taking care of the new born.. Simple resolution by TSC will be - refusal.... there are several baby sitters in US to take care of babies.

This has happened before.
 
Visa and I-94

Visa is used only to enter in the country and from thereon your stay is dependent on I-94 only. So you might have 10 years visa but you may get only 6 months I-94. This means you can keep coming to US everynow and than for 10 years but cannot stay here longer than what is mentioned in I-94.

How does this scenario work though ? - My parents leave today since their I-94 is expring today but return back in 2 weeks and get new I-94 ? Will there be a problem ?
 
If you let INS catch your parents, you will be deported for housing illegal immigrants.

If nobody catch your parents, nothing will happen to you because over-staying is your parents' decision, not yours. Their mistake does not affect you UNLESS they are under your roof. If they live separately, you would not have concern.

How often INS search house? Rarely, but your parents' immigration status can be verified for very trivial violations such as shoplift or traffic violation.

Anyways, if you want to take the risk, it's the consequence that you have to take. If you cannot take the consequence, don't take the risk.
 
Second to this. In fact, there's seriously study done. Babysitting parents live MUCH shorter than those not babysitting.

niraliajit said:
heres my 2 bits....
apply for their extension. also i dont understand when u say your parents too old and may not come back to usa but not old enough to babysit your child?
being a mom of 2 whom i have raised with no help in this country , all i say to those who use parents for babysitters and not let them enjoy being grandparents is that its not fair to aging parents
Click to expand...
 
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