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

Asked 10 months ago - 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.

Additional information

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. Pablo Husayn Nossa

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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... more
  2. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Irene Vaisman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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