Can my parents stay in the US, after filing AOS?

[LucyF 1]

Hi everyone,

 

My parents entered US on B2 visas, and can legally stay for 6 months. Now 90 days into their stay, I decided to paper file AOS (i130 & i485 etc) for them.

 

Knowing that it would take USCIS a few months to review this application, and my parents’ left over legal stay time based on B2 is counting, could they stay simply because the application is pending review? If so, what document USCIS would provide to support this time period?

 

Thanks very much!

 

Lucy

[Boiler 45,516]

You will get 2 receipts.

 

So yes they can stay.

[LucyF 1]

Just now, Boiler said:

You will get 2 receipts.

 

So yes they can stay.

thank you Boiler! A follow up question: I do recall those receipts from years back when I applied AOS, but those paper has “this notice does not grant any immigration status or benefits” on top of the paper - will that be an issue?

 

 

[Boiler 45,516]

3 minutes ago, LucyF said:

thank you Boiler! A follow up question: I do recall those receipts from years back when I applied AOS, but those paper has “this notice does not grant any immigration status or benefits” on top of the paper - will that be an issue?

 

 

So they are doing the same thing as you did and it was not an issue for you. And that comment of factually correct, they are under the colour of law.

[LucyF 1]

Thank you @Boiler appreciate it! (Just of note when I did it I was under student visa which granted me several years of legal stay, so didn’t think of running out of legal stay time then…) 

[SteveInBostonI130 3,452]

16 minutes ago, LucyF said:

Knowing that it would take USCIS a few months to review this application, 

 

More like 1 - 2 years.

[Lil bear 4,212]

22 minutes ago, LucyF said:

Hi everyone,

 

My parents entered US on B2 visas, and can legally stay for 6 months. Now 90 days into their stay, I decided to paper file AOS (i130 & i485 etc) for them.

 

Knowing that it would take USCIS a few months to review this application, and my parents’ left over legal stay time based on B2 is counting, could they stay simply because the application is pending review? If so, what document USCIS would provide to support this time period?

 

Thanks very much!

 

Lucy

As stated, yes they can stay while it is being processed…. taking   1-2 years now . They cannot work or return from overseas travel. They may have difficulty getting drivers licenses. Do you have a plan in place to cover their health/medical needs. They cannot use travel insurance after the AOS is submitted,  as they are no longer tourists. They cannot use non US issued prescriptions to get medications here 

Edited October 3, 2022 by Lil bear

[Crazy Cat 41,857]

1 hour ago, LucyF said:

Knowing that it would take USCIS a few months to review this application

Have you done the research?  Your parents will not be able to work or leave the US for as many as 8 months.  They won't get a Green Card for a year or two.  If they are 65, they won't qualify for medicare for 5 years. I am always surprised that people who come to the US just for a visit can suddenly decide to stay and live in the US.  Good luck. 

Edited October 3, 2022 by Crazy Cat

[LucyF 1]

3 hours ago, Lil bear said:

As stated, yes they can stay while it is being processed…. taking   1-2 years now . They cannot work or return from overseas travel. They may have difficulty getting drivers licenses. Do you have a plan in place to cover their health/medical needs. They cannot use travel insurance after the AOS is submitted,  as they are no longer tourists. They cannot use non US issued prescriptions to get medications here 

Thanks! About the cannot return from overseas travel - I thought the i131 travel document is for this purpose? I could be completely wrong though please correct me if that is the case.

 

And thanks for the information about travel insurance. We directly purchased insurance for my parents but didn't know there is such an option. Will look into it.

 

Thanks a lot

[Crazy Cat 41,857]

1 minute ago, LucyF said:

I thought the i131 travel document is for this purpose?

It could take many, many months to get an advance parole document.

[Lil bear 4,212]

Just now, LucyF said:

Thanks! About the cannot return from overseas travel - I thought the i131 travel document is for this purpose? I could be completely wrong though please correct me if that is the case.

 

And thanks for the information about travel insurance. We directly purchased insurance for my parents but didn't know there is such an option. Will look into it.

 

Thanks a lot

As long as you are applying for that at the same time yes.. but the I 131 is taking  8 months now 

 

just clarification .. they CANNOT use travel insurance after submitting the AOS application, as they are no longer tourists 

[LucyF 1]

3 hours ago, Crazy Cat said:

Have you done the research?  Your parents will not be able to work or leave the US for as many as 8 months.  They won't get a Green Card for a year or two.  If they are 65, they won't qualify for medicare for 5 years. I am always surprised that people who come to the US just for a visit can suddenly decide to stay and live in the US.  Good luck. 

Apparently not done enough research, and thank you for the information you provided. Long story short my parents came over in a rush due to my health issues. Unfortunately, unlike years ago, going back and forth nowadays between US and China mainland frequently is no longer practical, due to Chinese government's restricted lock down policies  That is why we ended up pursuing this route.

Edited October 3, 2022 by LucyF

[LucyF 1]

2 minutes ago, Lil bear said:

As long as you are applying for that at the same time yes.. but the I 131 is taking  8 months now 

 

just clarification .. they CANNOT use travel insurance after submitting the AOS application, as they are no longer tourists 

Thank you @Lil ! Appreciate that you reply to provide the clarification. Yeah we will look into that for curiosity, not for my parents  

[Lil bear 4,212]

4 hours ago, LucyF said:

Apparently not done enough research, and thank you for the information you provided. Long story short my parents came over in a rush due to my health issues. Unfortunately, unlike years ago, going back and forth nowadays between US and China mainland frequently is no longer practical, due to Chinese government's restricted lock down policies  That is why we ended up pursuing this route.

I can only imagine the full gambit of emotions and challenges you are all facing. No easy decisions. I know you will make it work. Are they in good health.. of the age where some years of work will be possible for them ? My heart goes out to you. Keep us updated as the journey progresses. Go well. 

[SalishSea 17,829]

11 hours ago, LucyF said:

Apparently not done enough research, and thank you for the information you provided. Long story short my parents came over in a rush due to my health issues. Unfortunately, unlike years ago, going back and forth nowadays between US and China mainland frequently is no longer practical, due to Chinese government's restricted lock down policies  That is why we ended up pursuing this route.

I’m sure you can see how it looks though…….   That you did it so they could jump the queue, and not have to wait abroad for visas.