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My mother's visitor visa is expiring on 10/6. Her 130 + 485, have been filed on Sep 21st. Do we need to extend tourist visa

Atlanta, GA |

We have not received the receipts but received email with the case numbers. The 130, 765 & 131 show in initial review stage but 485 shows in acceptance stage with following message

--> "On September 25, 2012, your fingerprint fee was accepted and we have mailed you a notice describing how we will process your case. Please follow any instructions on this notice. Your case is being processed at our NATIONAL BENEFITS CENTER location. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283"

Attorney Answers 3

  1. Best answer

    When you filed the I-130, you declared your mother as an intending immigrant. Her tourist visa is a nonimmigrant visa. You can't ask for immigrant and nonimmigrant relief. However, the fact that her tourist visa expires is not a pro-blem, as long as she remains in the US until her case is processed. For example, if she should t-ake a trip after the expiration of her tourist visa, she might have difficulty re entering.

    USCIS is about to schedule your mother for her Biometrics - fingerprints, photo and signature. That is why you received the notice on 9-25-2012. You will receive a notice for that next and then USCIS will schedule your mother's hearing.

    Right now, everything looks good.

  2. If your mother plans to pursue her Permanent Residence petitions (I-130/I-485), she need not extend her visitor visa.

  3. She need not, and in fact cannot extend her tourist status now that she has applied for permanent residence. So long as her I-485 is pending, she is lawfully in the U.S. If she attempted to extend her tourist status, it would be denied due to her application to live here permanently, which is in conflict with being a visitor.

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