Stopping the I-94 "clock" on a DORA application

[docykm]

Folks,

I filed the I-485/I-130 combo for both my parents, using the DORA program in Dallas. Timeline is as follows:

• Jan 8th - Interview date; admitted into the DORA program
• Feb 1st - Fingerprinting appt.
• March 1st - Received letter saying that Mom's fingerprints were "rejected"
• March 6th - Mom's fingerprints re-taken at N. Dallas ASC

Nothing received for my Dad yet, so we assume his application is OK. Their I-94s expire on May 3rd and they are scheduled to return to India on April 29th. I have no problems in changing their return trip tickets. They each have a 10-year multiple-entry visitor's visa, so no issues there as well. My only concern is the I-94 expiry date. The way things are going, it is entirely possible that my Mom's GC will not be done before May 3rd.

I've been sifting through all the threads on this forum looking for a definitive answer to the following question:

"If it is likely that a DORA GC application will take longer than the expiry date on the applicants' I-94, then do we proactively file for an extension of stay (using I-539) or is the fact that the I-485 is pending sufficient reason to 'stop the clock'?"

I have seen a few posts that indicate that the clock is indeed stopped, but have not been able to find any official USCIS documentation to that effect. Is there a USCIS document or link you can point me to? I would be a lot more comfortable if I could get hold of official documentation that either (i) indicates what needs to be done, to avoid any illegal overstays, or (ii) states that since the I-485 is pending, there is no problem.

Thanks for any help you can provide!

 

[TheRealCanadian]

I have seen a few posts that indicate that the clock is indeed stopped, but have not been able to find any official USCIS documentation to that effect.

Having a pending I-485 is a stay in the US authorized by the Attorney General or Secretary of Homeland Security, therefore it is quite permissible to do so even if one's I-94 has expired.

 

[docykm]

Having a pending I-485 is a stay in the US authorized by the Attorney General or Secretary of Homeland Security, therefore it is quite permissible to do so even if one's I-94 has expired.

Thanks for the response. Is this authorization mentioned in a press release or document/form instructions somewhere? Don't get me wrong; your statement is very consistent with what I've seen in other posts, it is just that I'd like to be "armed" with the official document that spells this out, in case my parents run into problems at a later date with an immigration agent at an US airport. I've had enough dealings with our esteemed USCIS to not leave anything to chance...

 

[pianoplayer]

Folks,

I filed the I-485/I-130 combo for both my parents, using the DORA program in Dallas. Timeline is as follows:

• Jan 8th - Interview date; admitted into the DORA program
• Feb 1st - Fingerprinting appt.
• March 1st - Received letter saying that Mom's fingerprints were "rejected"
• March 6th - Mom's fingerprints re-taken at N. Dallas ASC

Nothing received for my Dad yet, so we assume his application is OK. Their I-94s expire on May 3rd and they are scheduled to return to India on April 29th. I have no problems in changing their return trip tickets. They each have a 10-year multiple-entry visitor's visa, so no issues there as well. My only concern is the I-94 expiry date. The way things are going, it is entirely possible that my Mom's GC will not be done before May 3rd.

I've been sifting through all the threads on this forum looking for a definitive answer to the following question:

"If it is likely that a DORA GC application will take longer than the expiry date on the applicants' I-94, then do we proactively file for an extension of stay (using I-539) or is the fact that the I-485 is pending sufficient reason to 'stop the clock'?"

I have seen a few posts that indicate that the clock is indeed stopped, but have not been able to find any official USCIS documentation to that effect. Is there a USCIS document or link you can point me to? I would be a lot more comfortable if I could get hold of official documentation that either (i) indicates what needs to be done, to avoid any illegal overstays, or (ii) states that since the I-485 is pending, there is no problem.

Thanks for any help you can provide!

Hi:

Once the I485 is received, your parents are in authorized stay. (AOS pending status). However, there is one other concern - they should not travel without AP before the get the GCs. If they do, their applications will become abandoned. They can no longer use the 10 year visitor visas to enter, since they have filed for AOS.

The only way they can leave in April and come back, without abandoning AOS, will be with AP. Start your application for that ASAP.

 

[dr_lha]

Thanks for the response. Is this authorization mentioned in a press release or document/form instructions somewhere?

You'll find it buried in the INA I'm sure, but I can confirm that what TheRealCanadian says is true, I've had it confirmed to me by a lawyer also (who I didn't pay, but does work for my employers who deal with 1000s of cases with USCIS each year).

 

[rikdcop]

DORA problems

My wife and step-daughter applied through the DORA office in Oct 2006. Both I-485 apps. Since then not even a letter. I use the congressional office and the customer service line every month or two. Worthelss agenices. Nobody can ever tell you anything except, "waiting for FBI return." The best part is there is no place you can go for help, advice or a straight answer. All roads are dead ends if looking for answers. I am an American born citizen and a 24 year local police veteran so don't think it all about discrimination against immigrants. We all get treated with the same disrespect and apathy. Now there is some rumor going around about congress lighting a fire under the FBI to get all the old apps finished before November. I will believe it when I see it.