Parent ouof status. Will it affect I485?

A

ag5059

Registered Users (C)
Hello, All:

My parent came to USA and take care of my son last March. Their visa was renewed once so they can legally stay until March, 2003. My question is: if they out of status after March, will this affect my I485. My I140 and I485 were filed to INS last November and I140 has been approved.

Thanks.

Danny
 
If your parents overstay, they will be denied entry on their next visit. File for another extension. Another suggestion would be to obtain a visitors visa to Canada, and travel to Canada. The Airline will take their I-94 (provided the return journey is after 30 days). They could stay in Canada for a week (if you have any relatives) and re-enter the US provided they already have a multiple entry US visa. They will be issued with a new I-94 which should be good for another 6 months.
 
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Apply for extension ASAP

it is a common misconception that you can apply for an extension only once, and can stay for a maximum period of a year. while i believe the total allowable length of stay for a foreign visitor varies depending upon their nationality, i know people who are on their 2nd, and even 3rd 6-month extentions, i.e. they have been staying on a visit visa for over 18 months now.

Caveat Emptor
i am not a lawyer or immigration expert, nor is the above to be construed as legal advice or recommendation. consult a qualified immigration attorney before making any decision.
 
Extension.

Hi

My parents will be here sometime next month on a visitor visa and i would like to apply for their extension after their 6 months period so that they can stay for some more time.

I would like to know how to go about with the applying for extension? and if they extend are they required to go out of country and come back.

Please help.

Thanks.
 
Procedure...

fill out form I-539 (Application To Extend/Change Nonimmigrant Status) for your parents a reasonable length of time before their stay is expiring, and send it with supporting documentation to the Regional INS service center of your area (NOT local center). in my mother's case, i had sent this form in 6 weeks before her stay was expiring (that was in aug 2001).

no, your parents will not have to exit/re-enter the u.s. if the extension is approved. that is the whole point of extension.

i am not sure what the current approval stats are... definitely check with an immigration attorney before deciding to do anything.
 
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