AOS on a B1/B2 visa

[DOC4370 0]

I have applied for I-485 for my mother based on my US citizenship. She is on a B1/B2 visa here with me. The biometrics was done a few days ago. Her B1/B2 visa expires in 2 weeks. Can she stay here until I-485 approval? What happens if the I-485 gets denied?

[Bobby+Umit 161]

Did you get the NOA for the 485?

If you have that, then the status is "pending".

If the 485 gets denied, she will need to return home post haste.

[DOC4370 0]

Did you get the NOA for the 485?

If you have that, then the status is "pending".

If the 485 gets denied, she will need to return home post haste.

She did get the NOA and already did the biometrics. Is her status then 'legal' while pending I-485 even if B1/B2 expires?

[YuAndDan 153]

Did you get the NOA for the 485?

If you have that, then the status is "pending".

If the 485 gets denied, she will need to return home post haste.

She did get the NOA and already did the biometrics. Is her status then 'legal' while pending I-485 even if B1/B2 expires?

YES, status is "AOS Pending" Over stay does NOT accrue, while in this status, only if it is denied will overstay begin to start adding, and in the case of denial USCIS will give you 30 days to leave the USA.

Again status is pending.

You could have applied for EAD and perhaps AP allowing work and travel while AOS is pending. You can apply for these things at no charge by filing them to Chicago with a copy of I-485 NOA 1 attached.

[DOC4370 0]

Did you get the NOA for the 485?

If you have that, then the status is "pending".

If the 485 gets denied, she will need to return home post haste.

She did get the NOA and already did the biometrics. Is her status then 'legal' while pending I-485 even if B1/B2 expires?

YES, status is "AOS Pending" Over stay does NOT accrue, while in this status, only if it is denied will overstay begin to start adding, and in the case of denial USCIS will give you 30 days to leave the USA.

Again status is pending.

You could have applied for EAD and perhaps AP allowing work and travel while AOS is pending. You can apply for these things at no charge by filing them to Chicago with a copy of I-485 NOA 1 attached.

Thanks a million!!