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Pending I-485 and I-94 getting expired

Kirkland, WA |

I (U.S Citizen) have already filed green card petition (I-130) and adjustment of status (I-485) for my parents who are here on visitor visa 3 months ago. They already got receipt notice with A# for I-485 and their case is still pending.
I-94 for them is expiring in a month. Do they need to renew it ? Will there be problem during Green card interview if their I-94 expires ? What if their Green card gets denied, will they be questioned on overstaying when re-visiting ?

Attorney Answers 4


It is OK if the I-94 expires while their case is pending.

The 'bigger' problem is whether or not immigration thinks that you/they 'mislead' the government officials when they came in as tourists ... while really intending to get greencards.

It isn't too late to meet with an attorney to discuss this potential problem.

PS If they get advance parole documents ... don't let them leave the US until the I-485 adjudication is completed.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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They should be fine. You - will have other questions. Hire a lawyer.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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They do not need to renew it and can't anyway. there will not be a problem if their I-94 expires during the interview. Yes, if green card is denied they will have overstayed and be possibly questioned, particularly since they have clearly declared immigrant intent by filing the AOS. Frankly, you should have consulted with an immigration attorney before embarking on this, you should consult with an immigration attorney before the interview. The fact that they filed an immigrant case so soon after entering on a tourist visa could be problematic.

Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.

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They are allowed to remain in the U.S. until there is a final decision on the adjustment. The I-94 is for a visitor. Having applied for permanent residence, they clearly no longer intend to visit; they desire to immigrate. Consequently, any attempt to extend visitor status will fail. It is not a problem, assuming all else was done correctly, and they aren't subject to any grounds of inadmissibility. Depending on how soon the adjustment was filed after they arrived declaring they were visiting, you could have a problem with whether they were truthful at the time they entered; whether they really did intend at that time to visit and return to their country. This forum can be very helpful, but it is not a substitute for having an experienced immigration attorney on your case.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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