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What happens if I-94 expires before my mother's I-130 and I-485 are approved?

Issaquah, WA |

I am a US Citizen and have applied for my mother's I-130 and I-485. My mother's I-94 is expiring in 2 months. I am yet to receive the notice of actions for the submitted forms. What can I do to ensure she stays in status while her AOS is pending? Will she face a problem at the interview if her I-94 expires by then?

Attorney Answers 4

  1. Best answer

    Although your mother's status may expire, she still qualifies for permanent residency as she is a parent of an American citizen. Under the law, she may adjust her status to a lawful permanent resident regardless if she overstayed her non-immigrant visa status. There are some issues with filing for an immigrant visa (I-130) for someone who enters on a B-1/B-2 visitor visa within the first 60 days of entry (called "preconceived intent"), which is disfavored by CIS, it is usually not a determining factor to deny an immediate relative's (spouses, children and parents of U.S. citizens) permanent resident application. I recommend seeking counsel to assist you to prepare you and your mother and attend the adjustment of status interview. Good luck!

  2. The expiration of your mother's status is not a problem for her adjustment application. Moreover, she cannot extend her status since she expressed the intent to immigrate. Her adjustment application should be approved unless USCIS determines that she entered the US in order to apply for a green card.

  3. What happens if I-94 expires before my mother's I-130 and I-485 are approved? Nothing happens.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  4. I agree with the posted answers. She is allowed to be here until there is a decision on her case, even if the I-94 expired. Note: the only ones who can apply for adjustment of status after their period of authorized stay expires are parents of an adult U.S. citizen, spouse of U.S. citizen, minor child of U.S. citizen. I recommend you contact me or another experienced immigration attorney to review your case to determine if you might anticipate certain issues. One such issue may be the government claiming that she already intended to immigrate when she entered on her temporary status, or other potential issues.

    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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