I-130 Petition Filed online on February 6 - What next ?

[HRQX 4,145]

21 hours ago, manimani said:

can you please point me to any USCIS document which states this ? 

See 8 CFR § 245.2(a)(4)(ii)(A): "Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act."

 

Also see: https://www.uscis.gov/news/alerts/uscis-lockbox-updates "As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or petition with a USCIS lockbox. These delays will not affect the receipt date which is determined pursuant to 8 C.F.R. 103.2(a)(7). Delays may vary among form types and lockbox locations."

 

8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

 

After the I-94 expires they won't have "lawful status" but will be in a period of stay authorized by the Secretary of Homeland Security: https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF "As discussed in chapters 40.9.2(b)(2) and (3), there are situations in which an alien who is present in an unlawful status nevertheless does not accrue unlawful presence. As a matter of prosecutorial discretion, DHS may permit an alien who is present in the United States unlawfully, but who has pending an application that stops the accrual of unlawful presence, to remain in the United States while that application is pending. In this sense, the alien's remaining can be said to be "authorized." However, the fact that the alien does not accrue unlawful presence does not mean that the alien's presence in the United States is actually lawful."

[Ontarkie 14,221]

~~Hijack post removed. PLease stick to your own thread for questions on your own case.~~

[Ryan H 3,812]

Moved from Brining Family Members of US Citizens to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.