Mom Greencard filed and I-94 expiring

M

momgreencard12

New Member
Hi

I was wondering if someone can help me with a few questions.
My brother is a US citizen and he filed for my mother’s green card and did a concurrent filing for I-130 and I-485 and the document reached USCIS Chicago lockbox on 11/5. The issue we are facing is my mother’s I-94 expires on 11/30 and we have not yet heard back from USCIS or have received a receipt notice.
1. Can someone suggest if there is any option to legally have her stay longer for the green card to process?
2. What happens to her green card application if she leaves from US?
3. Also would she face any issues on her next trip if she tries to travel back on her current multiple year tourist visa?

Any help on these questions will be very helpful, thanking you all in anticipation for all your help.
 
Hi

I was in similar situation until this morning. Our app reached Chicago lockbox on November 2nd and my mother-in-law's I-94 expires on November 26th. So it was close. I had total days of 24 in-between compared to 25 of yours - so our case is identical. I was very much worried and different thoughts were running in my mind. I was very worried to say the least and got caught in a limbo. Finally yesterday I paid an attorney and got the reply.

Just sit tight. You will get ack. In no case leave the country. That will practically make the tourist visa invalid. Do not worry even if you do not get receipt before your I-94 expiry date.

He was very right. Today morning I got the ack from USCIS. Let your mother stay here until the process moves on. DO not worry a bit and all will be OK. I Understand how this works after talking to an attorney. Good luck!
 
Thanks for replying back to my post, I really appreciate you taking the time and replying in so much detail. Your response has given me hope that things will work out, though if possible could I bother you with one more question.
Did you receive the receipt notice from USCIS already or did you get the number from calling the 800 customer service number. Also is there something we can do from our end to expedite or help this process, like anything a lawyer needs to do or we need to do.
Once again thanks a lot for taking the time to reply to my post. If you don't mind can I private message you?
 
Hi! You are welcome and I am glad I could answer your question. I went through a lot of anxiety worrying whether I was putting my mother-in-law out of status and forbidding her from coming to this country forever by filing for GC in the last minute. I got a text message on my phone as well as email. I filed Form G-1145 E-Notification of application/petition acceptance. If you had done that, you would receive messages. If not, the best way is to check your bank account provided you wrote personal checks. If through money order, then you may have to go through post office.

I do not think you can do anything to expedite. But please take my word. You do not have to do anything as I consulted not one attorney but two before I got the ack from USCIS. Even if your application comes back for some technical reason such as signature missing, you still do not have to worry. But re-file immediately properly back. Nothing worse than that can happen and do not think it would happen for you as I can say you must have taken some care in applying. Other than that do not worry even if you do not get receipt before I-94 expiry.

Couple of more things I did were: Sent an email to SCOPSSCATA@uscis.dhs.gov and they were very gracious in replying and asked for more details to check. But in the mean time I got the NOA. Other thing I did was calling USCIS and they XFR-ed me to immigration dept and left a VM for them. But I think you do not have to do these as you are absolutely fine. Please do not think I am talking lightly because it is your case. After taking into consideration all factors and risks, I am saying this. Sure, you are more than welcome to send me a private message. Good luck and enjoy your weekend!
 
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