Filling for permanent resident while in the US

[Reggaeboys 1]

If someone travel to the US on a visitor visa for 6 months while being approved for a permanent resident..filed the (I-485) to change the appointment and interview dates to a US address because both parent are now migrated and living in the state. My question is...if they stay inside the US pass the maximum visitor limit of 6 months....before get answers from the I-485 form.

Would they be in violation of overstaying or being disqualified from becoming a permanent resident aka (green card) holder?

   

 

 

[Ben&Zian 4,398]

Upon receiving the NOA1's for them after you submit the I-485's, they are in a legal status as "Pending".. So they do not need to worry about the expiration of their I-94's at that point.

[Reggaeboys 1]

Ok thanks for your quick response

 

[f f 725]

make sure to inform cbp of your plans when you enter. they will make sure you enter legally.

 

good luck

[Reggaeboys 1]

3 minutes ago, f f said:

make sure to inform cbp of your plans when you enter. they will make sure you enter legally.

 

good luck

Sorry I don't understand your reply...what's cbp and "they will make sure you enter legally."

 

 

[f f 725]

the "if" make me believe the person is not in the us right now. since they have to enter to do this I am simply telling them to inform customs of thier plan so they can make sure all of the paperwork is in order.

[Reggaeboys 1]

8 minutes ago, f f said:

the "if" make me believe the person is not in the us right now. since they have to enter to do this I am simply telling them to inform customs of thier plan so they can make sure all of the paperwork is in order.

Ok I see your point  to clarified....this person is already in the US on a visitor visit..sorry for the confusion.

Edited April 3, 2017 by Reggaeboys

[f f 725]

as long as they are still in status as in thier i94 has not yet expired they can file the i485 when thier priority date is current. if they go out of status they may have to leave the us to apply.

[Reggaeboys 1]

7 minutes ago, f f said:

as long as they are still in status as in thier i94 has not yet expired they can file the i485 when thier priority date is current. if they go out of status they may have to leave the us to apply.

Their i94 is still valid...but will expire next month. We are just keeping our fingers cross before the 6 month deadline.

 

Thanks for your help

[f f 725]

have they already sent in the i485? if so the noa1 let's them stay in the us while it is processing even if the i94 expires. or are they waiting to send it in because the priority date is not current?

[NigeriaorBust 4,087]

  Is the petitioner a USC or an LPR ?

[Suss&Camm 2,213]

11 hours ago, NigeriaorBust said:

  Is the petitioner a USC or an LPR ?

^^ This..... is important

[IcezMan_IcezLady 582]

18 hours ago, Reggaeboys said:

Their i94 is still valid...but will expire next month. We are just keeping our fingers cross before the 6 month deadline.

 

Thanks for your help

If the petitioner is LPR then expired I-94 will not be good for beneficiary.

[Reggaeboys 1]

18 hours ago, f f said:

have they already sent in the i485? if so the noa1 let's them stay in the us while it is processing even if the i94 expires. or are they waiting to send it in because the priority date is not current?

Yes they send in the I485 but haven't received any conformation yet..and the I-94 deadline slowly approaching.

[Reggaeboys 1]

13 hours ago, NigeriaorBust said:

  Is the petitioner a USC or an LPR ?

The petitioner his the patient and a USC.