Is Time sufficient to start a GC app for a parent ?

S

srchanswer

New Member
Hi,

I am thinking of sending GC forms (I-130, I-485 etc - concurrent) for my mother-in-law who has only until April 18th 2020, on her B2 visa entry time stamp. If file in next few days 03/23, is it sufficient time to get receipt for I-130, I-1485 to stay beyond April 18th ?

Due to Corono virus emergencies, if I don't get a receipt before April 18th, then it may be risky to continue staying, returning back may cancel the I-485 application.

Is it okay to just file 1-130, get a receipt, she may travel and return to India on April 18th and I can file I-485 separately after she returns for a visit next time ?
Is it okay to split the steps 1-130, I-485 and travel during this time ?

Any recommendations ?

Thx
 
She is legally staying if the I-485 is officially received (the "received date"), even if she hasn't gotten the receipt yet. The received data should usually be no more than one or two days from when the package is delivered to USCIS, so there should be plenty of time. Also, it doesn't even matter if the I-485 is received before or after her status expires -- she is in the Immediate Relative category, and she doesn't need to be in status to be eligible for Adjustment of Status. So she should just file and stay and wait.

She should not re-enter the US with preconceived intent to file I-485.
 
newacct said:
She is legally staying if the I-485 is officially received (the "received date"), even if she hasn't gotten the receipt yet. The received data should usually be no more than one or two days from when the package is delivered to USCIS, so there should be plenty of time. Also, it doesn't even matter if the I-485 is received before or after her status expires -- she is in the Immediate Relative category, and she doesn't need to be in status to be eligible for Adjustment of Status. So she should just file and stay and wait.

She should not re-enter the US with preconceived intent to file I-485.
Click to expand...

This information is absolutely correct. Thanks.
 
Hi all,
Query about whether to refile the returned I-130,I-485 applications first or file an extension for stay using I-539 first ?

I had filed I-130,I-485 applications to USCIS on 03/26 for my mother in law but unfortunately they were returned today by mail for the reason I had used a form with older edition (07/15/19, but only expires on 07/31/2021). I just looked up in the website, there is a newer edition 10/15/19). I thought I had downloaded a latest version but I checked by expiry date only when I filed and I had missed the edition date.

The I-94 expires by 04/25/2020, so she has two weeks. It seems difficult to send her back on travel as flights have been cancelled and need to make new plans when this COVID-19 going on.

Any recommendations on best course of action, I am thinking of two options,
(1) Refile I-485 with proper form immediately. Again if all went well, she will get receipt likely after 2 to 3 weeks.
By earlier responses, seems like it is still legal to stay until we hear back from USCIS on I-485 applied even though I-94 may have expired.
Or
(2) File EOS I-539 online and wait for to get a receipt for it. After that got approved, file I-485, at a suitable time.

Thanks.
 
srchanswer said:
Hi all,
Query about whether to refile the returned I-130,I-485 applications first or file an extension for stay using I-539 first ?

I had filed I-130,I-485 applications to USCIS on 03/26 for my mother in law but unfortunately they were returned today by mail for the reason I had used a form with older edition (07/15/19, but only expires on 07/31/2021). I just looked up in the website, there is a newer edition 10/15/19). I thought I had downloaded a latest version but I checked by expiry date only when I filed and I had missed the edition date.

The I-94 expires by 04/25/2020, so she has two weeks. It seems difficult to send her back on travel as flights have been cancelled and need to make new plans when this COVID-19 going on.

Any recommendations on best course of action, I am thinking of two options,
(1) Refile I-485 with proper form immediately. Again if all went well, she will get receipt likely after 2 to 3 weeks.
By earlier responses, seems like it is still legal to stay until we hear back from USCIS on I-485 applied even though I-94 may have expired.
Or
(2) File EOS I-539 online and wait for to get a receipt for it. After that got approved, file I-485, at a suitable time.

Thanks.
Click to expand...
Definitely do NOT file I-539 for Extension of Status. 1) It's a waste of money and it's not needed, as she doesn't need to be in status to file I-485. And 2) it would require her to lie, since B2 extension of status requires her to provide statement about her plans to leave, and she doesn't plan to leave.

Like I said before, don't worry about her I-94 expiration date. Just get everything ready and file ASAP. It doesn't matter if she files it before or after her I-94 expires.

Applications filed after February 24, 2020 (when the public charge rule took effect) need to use the new form editions for the public charge rule, which is the 10/15/19 edition of the I-485 and I-864 forms, and she needs to also complete an I-944 form for the public charge determination.
 
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