Need ungent advice for mother's I-485. Kindly look into this please ..Thanks

C

CA-person

Registered Users (C)
Many thanks for reading this and I highly appreciate your time and patience.

My mother came to US on a 10 year visitor visa and her duration of stay expires on 26th November 2012 as on I-94. (She still has few more years left on this 10 year visa) I am an US citizen and I filed I-130 and I-485 together on 1st November and Chicago lockbox received it on 2nd November.


Our checks are not cashed yet. We have not received any kind of communication from them so far. If we do not
receive anything from them, would is be legal for her to stay here. I heard that it would be legal for an applicant to stay beyond the visa time if I-485 case is pending. I can not say our application is pending as I do not have any communication from them saying it is pending. The application can be rejected based on possible paperwork mistake or something else.

My doubts are:

1. Will she become illegal if she stays here beyond her I-94 duration date and if the I-485 (AOS) application is rejected for some technical reason.

2. will they consider the AOS application is abandoned if she leaves now before we hear anything from them?

3. Will it become helpful if I apply for her visa extension also now so that one or other can possibly keep her in status?

My question is: Please advise me whether I keep her here or send her back before 26th November.

I sincerely thank all of you for your time and advice.


Best regards, Padma
 
CA-person said:
Many thanks for reading this and I highly appreciate your time and patience.

My mother came to US on a 10 year visitor visa and her duration of stay expires on 26th November 2012 as on I-94. (She still has few more years left on this 10 year visa) I am an US citizen and I filed I-130 and I-485 together on 1st November and Chicago lockbox received it on 2nd November.


Our checks are not cashed yet. We have not received any kind of communication from them so far. If we do not
receive anything from them, would is be legal for her to stay here. I heard that it would be legal for an applicant to stay beyond the visa time if I-485 case is pending. I can not say our application is pending as I do not have any communication from them saying it is pending. The application can be rejected based on possible paperwork mistake or something else.

My doubts are:

1. Will she become illegal if she stays here beyond her I-94 duration date and if the I-485 (AOS) application is rejected for some technical reason.

2. will they consider the AOS application is abandoned if she leaves now before we hear anything from them?

3. Will it become helpful if I apply for her visa extension also now so that one or other can possibly keep her in status?

My question is: Please advise me whether I keep her here or send her back before 26th November.

I sincerely thank all of you for your time and advice.


Best regards, Padma
Click to expand...

Yes, they ll consider AOS application abandoned if she leave now, better you also apply for an I-131 just in case. Visa extension is one good option.

I believe she won't be illegal until 90 days after her visa expires in case 485 gets rejected...better make sure.
 
CA-person said:
1. Will she become illegal if she stays here beyond her I-94 duration date and if the I-485 (AOS) application is rejected for some technical reason.
Click to expand...

Only once the I-485 is denied.

will they consider the AOS application is abandoned if she leaves now before we hear anything from them?
Click to expand...

Yes. Why should she leave?

Will it become helpful if I apply for her visa extension also now so that one or other can possibly keep her in status?
Click to expand...

She has no basis to apply for an extension. If the I-485 has been received you should be fine.
 
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