A somewhat weird situation ..

[ellerich 0]

So, Not sure where to put this , But here goes. I arrived on a B2 visa sept last year. About a month after, my mother decided she was going to begin the filing process for me, under undisclosed circumstances.( I am unmarried & under 21 ) She concurrently filed 130 & 485&765 , but , she did it as an LPR, mistakenly. Not knowing she had to be a USC. Anyways, the process escalated to finger prints, receipts & interview date. The case was Accepted by uscis. Not until interview , Did we realize where we went wrong. The case however, was not denied by the immigration officer.( My 765 was still going through the workd & eventually changed to approved & is now at card production stage) We were told that we would receive a 2nd interview date when 130 gets to local field office. A few days later we received a " courtesy call " saying something about because we had done everything legally & i had not violated any laws or entered illegaly, we were ok. This kind of confused me more. Anyways officer told us to go ahead & file the citizenship in the mean time, which my mom has done. & that I should file an extension of stay in the mean time ( My I-94 expires Next month )until her citizenship is done, & then upgrade my petition or refile to adjust status . My concern now is.. How in the world do I explain this to USCIS , when filing that form ?Would this be wise ? I know usually, Your extension has to be along the lines of nonimmigrant reasons.. But my immigrant petitions are still in the system & I would also have to include that a 485 & other petitions have been filed for me. What are the probabilities of me being wronged & my visa being at stake, seeing that USCIS was the one to let it escalate so far ? I am planning to include a letter with what took place & all supporting documents & reasons.. But I am concerned as it is outside of Nonimmigrant purposes . And what if I happened to stay past my I-94 date,without filing 539 since the applications are still in the system ? Would I be penalized for that when my mom is a USC & I try to re file ?

[ndu26 114]

well just my two cents here.

Since you were acting in all innocence and as you stated even the USCIS, consulate all appeared to have missed something, they did not 'blame you for it'. if you have proof of this courtesy call, communication with immigration, I would suggest you put them together with a notarized statement explaining the whole situation to USCIS. meanwhile, are you still under 21 andhow far is your mom from getting her citizenship? I ask this because I understand that overstays are forgiven for IMMEDIATE family members of USC( which you will be if still under 21).

[ellerich 0]

well just my two cents here.

Since you were acting in all innocence and as you stated even the USCIS, consulate all appeared to have missed something, they did not 'blame you for it'. if you have proof of this courtesy call, communication with immigration, I would suggest you put them together with a notarized statement explaining the whole situation to USCIS. meanwhile, are you still under 21 andhow far is your mom from getting her citizenship? I ask this because I understand that overstays are forgiven for IMMEDIATE family members of USC( which you will be if still under 21).

I am grateful for your two cents, ndu. Yes I am still under 21. My mom JUST sent in her application. They told me to file for extension of stay, I don't think this is a good idea however, What is your take ? I have all proof of evidence with the journey so far, courtesy call , receipts , work permit.. etc.Which I intend to collectively send to them along with a notarized letter as you said, but i'm not sure if I should take that action now, or wait until my mother receives her citizenship. My I-94 expires next month but , Do you think it really applies since technically i'm still AOS pending ?

[Boiler 45,486]

If you need legal advice talk to a lawyer.

You are not AOS pending, you would need a visa number available. It would certainly be odd to get a B2 extension, but not impossible.

[ellerich 0]

If you need legal advice talk to a lawyer.

You are not AOS pending, you would need a visa number available. It would certainly be odd to get a B2 extension, but not impossible.

According to USCIS , I am AOS pending, seeing that the error has not been identified on their behalf.