Parents planning for B2 Visa Renewal-Filed GC-then i94 expired(is it overstay?)-then they wanted travelled without AP for marriage-Is it ok to proceed

W

winu

New Member
B2 visa renewal for parents, On Nov 2021, parents came to US on B2 Visa
On Jan 2022, Filed GC Application
On Apr 2022, I94 Expired - didn't renew I94, as GC was in progress
On Jun 2022, they got SSN, EAD but no GC yet.
On Jul 2022, they got to travel due to relative's marriage without waiting for AP(Travel Doc). We tried expediting.
Now they are due for B2(renewal). Attorney is saying to withdraw their I485, I131 to renew B2 visa
and in DS160 of B2(renewal), he is saying to give reason as "they don't want to permanently stay in united states"

In short, they were on B2 - overstayed(i94) after filing GC process(Is it considered overstay since I485 was filed?), But they travelled without AP for marriage. They tried expediting - no success. Now applying for B2 renewal.
Anyone experienced the same? Please share what you did>
 
Yes, your parents overstated their authorized stay, this wouldn’t have matter if they had remained in the US to complete the AOS process. Because they left while the AOS was pending, overstay kicks in for them following the expiration of their I-94. Highly doubtful a new B1/B2 visa will be issued to them.
 
@Sm1smom
Thanks for your reply.
when filling up ds-160 and scheduling, they got drop box option. Here is what i am planning to do. I was asked to write a letter to withdraw the current pending i485 and i130 petitions. then they can apply for B2 renewal. In DS160, it has to be answered with Yes with reason. Is there a good reason that we can say?
==
1. Have you ever been the beneficiary of an immigrant petition filed with the U.S. Citizenship and Immigration Services (USCIS) or with any other U.S. government agency?
2. Have you ever violated the terms of your U.S. visa, been unlawfully present in the United States, or overstayed the amount of time granted by an immigration officer?"
==
 
They’ll need to answer YES to both questions. Unfortunately, I cannot help you come up with a reasonably explanation.
 
Do your parents plan on having a GC in the future? If yes, I’ll suggest to not bother applying for a new B1/B2. Wait for the I-130 to get approved and have them finish the GC process via consular processing. You’ll need to withdraw the I-485 in this case of course. Like I earlier stated, highly doubtful your parents will be getting new visitor’s visa any time soon.
 
"Overstay" is not a well-defined term. They did not accrue any "unlawful presence" since they had a pending I-485.
 
Yes. @newacct. I also thought like that.
Logically speaking, During their i94 expiry, they have already filed i485 (Adjustment of Status) which voids i94 expiry. Later when they decided to go sometime in July, that time, i485 would have got abandoned. Now they want B2 renewal, reason being they don't want permanent stay in US. thats why they left US and was optmistic about B2 -renewal.

Just in case as of now, it is opting for dropbox. Is there a chance for getting Interview? how will they be questioned?
 
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