Extension rejection - I-485 submitted

[roxer 3]

Hello,

 

I submitted an extension for my father-in-law last year, and just got the rejection letter stating they asked for evidence, which I never received. My mother-in-law will most likely get the same soon.

 

My wife submitted her father and mother's I-485 paperwork last April; we have received status change letter and biometrics were performed two months ago. Medical for both has also been sent into USCIS. How do we proceed at this point? Should he and his wife leave the country or are we protected by the change of status letters?

 

Roxer

[Mike E 11,739]

2 minutes ago, roxer said:

Should he and his wife leave the country or are we protected by the change of status letters?

If their daughter is a U.S. citizen, the pending I-485s give them authorized presence.

[Dashinka 24,377]

If they have a pending I485, they should stay until those are decided or risk abandoning those petitions.  As @Mike E stated, the pending I485 gives them authorized stay.

 

Good Luck! 

[roxer 3]

Thanks! My wife was naturalized in 2021 and now an American citizen. Thanks for the quick responses. We will hold tight then.

 

It's aggravating we did not get the extension evidence request for him or her mother as stated in the letter. Oddly enough, now my wife has to seek a Chinese Visa so she can visit her grandparents.

[Mike E 11,739]

20 minutes ago, roxer said:

It's aggravating we did not get the extension evidence request for him or her mother as stated in the letter

It is annoying. But it has been known since covid that the visa extension process was useless.

[Verrou 1,960]

extension for B-2 visa? not needed because i-485 will give ur parents in law basis to stay in the US ( pending case)

[Mike E 11,739]

1 minute ago, Verrou said:

extension for B-2 visa? not needed because i-485 will give ur parents in law basis to stay in the US ( pending case)

If I-485 was filed after I-94 expired, then the period of unauthorized stay, while forgiven, remains on the record. This means that failure of I-485 is not an option if they ever want to enter the U.S. again.

 

Non-immigrant visa extensions should be online and instantly denied or approved.

[Verrou 1,960]

1 minute ago, Mike E said:

If I-485 was filed after I-94 expired, then the period of unauthorized stay, while forgiven, remains on the record. This means that failure of I-485 is not an option if they ever want to enter the U.S. again. what's the chance of parents of USC will get i-485 denied? i always thought very slim chance unless its complicated case. interested to know because i knew someone already got deportation order from BIA 12 years ago betting to get AOS from her USC son that still 14 yo right now. ( long way to go)

 

Non-immigrant visa extensions should be online and instantly denied or approved. completely agree. the processing time is ridiculous and i feel they just want to bank in the $$$ and didnt do anything ( like ROC)

 

[roxer 3]

Thanks for the insight--I was concerned about what would happen if we submitted after the I-94 expired. We were waiting on the extension, but since it didn't show, we went ahead with the I-485. Finger's crossed this goes well. I used my wife's lawyer generated paperwork as a model for my In-Laws.

[Mike E 11,739]

7 minutes ago, Verrou said:

what's the chance of parents of USC will get i-485 denied? i

Low, but China can be difficult with civil documents.

[powerpuff 6,606]

~~ Topic moved from Bringing Family members of US citizens (consular process) to AOS work/tourist/student visas as this is an AOS case ~~

[EM_Vandaveer 2,408]

16 hours ago, roxer said:

Thanks! My wife was naturalized in 2021 and now an American citizen. Thanks for the quick responses. We will hold tight then.

 

It's aggravating we did not get the extension evidence request for him or her mother as stated in the letter. Oddly enough, now my wife has to seek a Chinese Visa so she can visit her grandparents.

It would make no sense to grant the extension of a TOURIST stay after they demonstrated clear immigrant intent. Since I-485s were filed for them, there was no need to file for the extensions, anyway.

Edited August 22, 2023 by EM_Vandaveer