Need ungent advice for I-485. Kindly look into this please ..Thanks

[Padma 0]

Many thanks for reading this and I highly appreciate your time and patience.

My mother came to US on a 10 year visitor visa and her duration of stay expires on 26th November 2012 as on I-94. (She still has few more years left on this 10 year visa) I am an US citizen and I filed I-130 and I-485 together on 1st November and Chicago lockbox received it on 2nd November.

Our checks are not cashed yet. We have not received any kind of communication from them so far. If we do not receive anything from them, would is be legal for her to stay here. I heard that it would be legal for an applicant to stay beyond the visa time if I-485 case is pending. I can not say our application is pending as I do not have any communication from them saying it is pending. The application can be rejected based on possible paperwork mistake or something else.

My doubts are:

1. Will she become illegal if she stays here beyond her I-94 duration date and if the I-485 (AOS) application is rejected for some technical reason.

2. will they consider the AOS application is abandoned if she leaves now before we hear anything from them?

3. Will it become helpful if I apply for her visa extension also now so that one or other can possibly keep her in status?

My question is: Please advise me whether I keep her here or send her back before 26th November.

I sincerely thank all of you for your time and advice.

Best regards, Padma

[renae8774 2]

Hi Padma, I am answering your post base on a similar experience, my mom visited my sister on a 10 year tourist visa, my sister was a US citizen at the time of my mom visit, mom became very sicked my sister didn't want her to go back so she filed papers(i-485, i-765). My mom was in the US her i-94 expired during the waiting game, however, mom was able to adjust her status very smoothly. At the interview she was not asked about her overstayed because my sister submitted her forms before her i-94 expired. Not suggesting that everyone case is the same but my mom was able to adjust without leaving the coutry. Hang tight, you will hear something from them very soon.

Many thanks for reading this and I highly appreciate your time and patience.

My mother came to US on a 10 year visitor visa and her duration of stay expires on 26th November 2012 as on I-94. (She still has few more years left on this 10 year visa) I am an US citizen and I filed I-130 and I-485 together on 1st November and Chicago lockbox received it on 2nd November.

Our checks are not cashed yet. We have not received any kind of communication from them so far. If we do not receive anything from them, would is be legal for her to stay here. I heard that it would be legal for an applicant to stay beyond the visa time if I-485 case is pending. I can not say our application is pending as I do not have any communication from them saying it is pending. The application can be rejected based on possible paperwork mistake or something else.

My doubts are:

1. Will she become illegal if she stays here beyond her I-94 duration date and if the I-485 (AOS) application is rejected for some technical reason.

2. will they consider the AOS application is abandoned if she leaves now before we hear anything from them?

3. Will it become helpful if I apply for her visa extension also now so that one or other can possibly keep her in status?

My question is: Please advise me whether I keep her here or send her back before 26th November.

I sincerely thank all of you for your time and advice.

Best regards, Padma

[C-ma'am 684]

**Moved from AOS from family visas to AOS from Work, Student & Tourist Visas

[Hypnos 6,578]

1) Yes, although as an immediate relative of a US citizen she can file for AoS even whilst out of status, as long as she was admitted legally (which she was).

2) Yes.

3) No.

It can take up to 30 days to receive NOAs and have the cheques cashed by USCIS.

[Harpa Timsah 13,258]

She should commit to this process and sit tight and stay here.