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Can my father overstay his visitor visa about to expire on Nov. 26, 2013?I have already petitioned for him for adjustment status

Houston, TX |

I am a U.S. citizen and my father came here to the U.S. on a 6 month visitor visa. While here in the U.S., I have petitioned and already sent the required forms- (I-130, I-485, I-765)- to adjust his status to permanent resident. USCIS has already received and sent me confirmation numbers. My question is: Is he required to leave and exit the U.S or can he stay here while awaiting decision on his case to be granted adjustment to permanent residency? Thank you.

Also, is it necessary and required of him to apply for visa extension form I-539? And can he stay here without having to request and apply for an extension? Thank you!

Attorney Answers 3


  1. If he leaves the adjustment application will be deemed abandoned. If he wants to travel he should file for advance parole, form I-131.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. He does not need to leave. In fact if he does leave his 485 will be abandoned as well as the 1070.00 you paid toward that end. Whether there are intent issues is another matter.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.


  3. He can't leave now. If he does, without the filing for advance parole, his adjustment application will be deemed abandoned.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.

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