Leave before extension decision
- Thread starter BharathNair
- Start date
Thanks.
One more question. In the event of pending 485 application and denied extension request can she travel using advance parole in and out of the country without being subjected to the exclusion clause?
PraetorianXI
Banned
yes. for as long as she did not overstay more than 180 days (by filing the I-485 before the i-94 expired).
Not sure I understand this. Her 6 month I-94 will expire in July end. I will file for her extension of stay in a few weeks time. I hope to be USC by August end. So, she would have statyed beyond her actual I-94 with I-539 pending and then I will file her I-130/485 in August. What happens in this scenario if the extension request is denied, whcih might come in say Oct/Nov timeframe?
Triple Citizen
Registered Users (C)
If her extension request is denied and she files for AOS, she can safely apply for and use advance parole if her AOS package is submitted less than 6 months after her original I-94 expires.
Thanks very much TC for the clarification. If she goes back before/after we receive the denial of extension thereby becoming out of status retroactively since original I-94 is expired AND I file her I-130 and CP for greencard in the future, then how will the out of status situation impact her GC application & subsequent entry to US?
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Triple Citizen
Registered Users (C)
I have to become USC first. I hope to be done by August. Her I-94 expires July end. I will file for extension. If I get Oath done I will immediately file her I-130. I'm not sure how long that will take. But what if it takes months and I am not able to file her I-485 in the 6 month window then I was thinking that I let her go back and I file her CP back home. I'm not sure if it is making any sense!!!
FunLover2000
Registered Users (C)
Evrey visitor has to declare their intention to return back to their home country at the time of applying the visitor visa. If they didn't, then they may not get the B1/B2.
Doesn't it contradict if one applies GC while on B1/B2?
Doesn't it contradict if one applies GC while on B1/B2?
I'm not sure if you are referring to my post. If you are then you're not making any sense. Sponsoring green cards is legal without any priority date for the parents of US Citizens. It does not matter whether they have a visa or not.
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Triple Citizen
Registered Users (C)
It is a grey area. Every individual sees this issue in a different light. I personally support banning AOS when in the country on B-1/2, but then I do not run USCIS 
It is a grey area. Every individual sees this issue in a different light. I personally support banning AOS when in the country on B-1/2, but then I do not run USCIS
I beg to disagree on the highlighted part. I strongly support AOS for parents of US Citizens on whatever visa they may have. Infact I support doing away with the cumbersome process of AOS/CP and having a more simplified procedure for sponsoring parents of USCs. Family reunion is the basic foundation of the whole American immigration philosophy since the very creation of the union. The spirit of the founding fathers enshrined in the Constitution very clearly mentions this aspect.