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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?

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Attorney answers 4

Best Answer
Posted

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!

Asker

Posted

Thanks very much for your answer. I filed for my mom's immigration 112 days after her arrival in the US. This has definitely made me feel a lot better.

Harry Asatrian

Harry Asatrian

Posted

I'm glad. Please mark my answer as helpful. Good luck. > -- Best regards, Harry Harry Asatrian | Partner 744 Broad Street, Floor 16 Newark, New Jersey 07102 973-735-2716 t 973-735-2717 fGST041706 hasatrian@strasserasatrian.com www.strasserasatrian.com CONFIDENTIALITY NOTE: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call STRASSER ASATRIAN at 973-735-2716 and destroy the original message and all copies. To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Pursuant to the CAN-SPAM Act this communication may be considered an advertisement or solicitation. If you would prefer not to receive future marketing and promotional mailings, please submit your request via email to CAN-SPAMACT@STRASSERASATRIAN.COM or via postal mail to Strasser Asatrian LLC Attn: Marketing Department, 744 Broad Street, Fl16, Newark, NJ 07102. Be sure to include your email address if submitting your request via postal mail.

Posted

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.

Asker

Posted

Thanks for your answer. It is very helpful.

Posted

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.

Posted

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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