I apply for I-485 for my parents. They are with me on i94 status. i94 is expire next month. do i need to apply for i94 extension

Asked 3 months ago - Columbia, MO

i apply for I-485 for my parents. They are with me on i94 status. i94 is expire next month. do i need to apply for i94 extension. I an waiting for i-485 approval.I also apply for i-130 with it. I call at USCIS. according to them i don't need to extend Visitor bias but I am still confuse.Please help me

Attorney answers (5)

  1. Alexander Joseph Segal

    Pro

    Contributor Level 20

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    Answered . Should you seek extension of, I assume, your parents' respective visitor's statuses after you filed for their immigrant visas and they sought adjustment of status based on that, you ask. Hmm... I am just curious, what are you going to tell the US Government during this extension process when they will be asked to address their nonimmigrant intentions? That they are seeking permanent residency but do not intent to permanently reside in the USA?

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    1

    Answered . USCIS gave you the correct advice, assuming you are a US citizen. As parents of a US citizen, parents are considered as "immediate relatives" and as such do not need to either be in status or continue maintaining valid nonimmigrant status. All they need to do is show proof of lawful admission into the country, no matter when. They don't need to waste the time or money in seeking to renew their I-94s. If you succeed in filing their combined I-130 and I-485 packages prior to their I-94s expiring they will not be "out of status" when applying for their green cards (not that it would make any difference or in any way impair their otherwise correctly prepared and completed applications.)

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  3. Ajay Kumar Arora

    Contributor Level 19

    2

    Lawyers agree

    Answered . The I-485 filing keeps your parents in a period of authorized stay. Extension of visitor status is not recommended as they have an intention to immigrate to the U.S.

    Consult with an immigration attorney for case specific advice.

    ATTN: ATTORNEYS: "YOU ARE AT YOUR VOTING LIMIT FOR THE CALENDAR MONTH" is the popup message from AVVO when... more
  4. Gunda Johanna Brost

    Pro

    Contributor Level 19

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    Lawyer agrees

    Answered . They will be in authorized stay while the I-485 is pending.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
  5. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . No need to file for an extension of their present status.

    Please consult with a licensed immigration professional to provide you with a thorough legal advice. This... more

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