AOS application submitted no NOA shall leave country as per i94?

[Thepandya 0]

USC submitted AOS application received Aug 1 for parents on B2 valid visa and i94 exp Aug 18. Should they leave country if no notice of action/application approval received? Would port of entry officer give problem if they return on visitors visa after a month to complete application? If they stay and for some reason application gets rejected would I be able to resubmit application with their (after August 18)overstay?

[Harpa Timsah 13,258]

If you leave the country your AOS application will be denied for abandonment and you will be stuck outside the US. Do NOT leave.

[Thepandya 0]

Thanks for prompt response. But what is application is rejected for some reason and wouldn't overstay prevent me from adjusting status for reapplication?

https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf Page 2 article 4

Edited August 10, 2016 by Thepandya

[Pitaya 2,577]

~Moved from Fam.-based AOS to WSTourist-based AOS Forum~

~Adjusting from tourist visa~

[KierenHby 899]

Your parents cannot leave the US until AOS is complete.

And that's why it's never suggested for parents to adjust on a B2; consular processing in applicants' home country is the more appropriate option.

[newacct 688]

Thanks for prompt response. But what is application is rejected for some reason and wouldn't overstay prevent me from adjusting status for reapplication?

https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf Page 2 article 4

First of all, applications don't just unpredictably get denied. The only likely reasons for denial are if he didn't provide all the required documents (in which case they would give you an RFE, so you would have to ignore that or something to get denied), or if he is not eligible for AOS or has a ban, in which case re-applying won't help as the same ineligibility will still apply. So there isn't really a case where he would be denied and reapply. And if he were hypothetically in a case where he is denied and is eligible to reapply, then he can reapply at any time. He does not have to be in status to apply for AOS as he is in the Immediate Relative category. The form instructions are very incomplete.

[Thepandya 0]

Thank you so much for your detailed response. It answers all my questions.

Thanks once again