Still no NoA and visa expiring in 1.5 weeks

[Slicoo 3]

Hello, my parents came to the us on tourist visa to see my newborn. Since the. They have decided to stay in the USA. So I filled out  AOS packet for them and it was sent back for missing page which I resubmitted immediately. And it has been about 3 weeks since Uscis received the resubmited packets. And I have yet to receive any notifications via email or text or mail. And the checks have not been cashed. My parents 6 month tourist visas expire in 1.5 weeks. What should I do?? Should I send them back? But then I what happens if i receive a NOA after they’ve gone back. 

Edited Saturday at 03:35 AM by Slicoo

[Lil bear 4,181]

29 minutes ago, Slicoo said:

Hello, my parents came to the us on tourist visa to see my newborn. Since the. They have decided to stay in the USA. So I filled out  AOS packet for them and it was sent back for missing page which I resubmitted immediately. And it has been about 3 weeks since Uscis received the resubmited packets. And I have yet to receive any notifications via email or text or mail. And the checks have not been cashed. My parents 6 month tourist visas expire in 1.5 weeks. What should I do?? Should I send them back? But then I what happens if i receive a NOA after they’ve gone back. 

If they leave before the AOS process is fully complete and their GC has approved, their AOS applications will be cancelled  and no refund given. 
If you are certain that you fully and correctly responded to the RFE then the NOA should come soon.  If it is denied because of your incomplete forms then you can apply again immediately .. And pay again .. This time making v v sure you’ve got everything correct. 
Time between the finish of their authorised stay and the issue of the NOA puts them in unauthorised stay and at risk of deportation if picked up

 by ICE. The chance of that happening depends on your location and how much they are out in public spaces where ICE are known to be .. 

 

Not an easy decision I’m

 sure … 

[Crazy Cat 41,804]

9 hours ago, Slicoo said:

Should I send them back?

If they leave the US prior to receiving a valid advance parole document, they will abandon the I-485.  I would not leave.  

[Slicoo 3]

9 hours ago, Lil bear said:

If they leave before the AOS process is fully complete and their GC has approved, their AOS applications will be cancelled  and no refund given. 
If you are certain that you fully and correctly responded to the RFE then the NOA should come soon.  If it is denied because of your incomplete forms then you can apply again immediately .. And pay again .. This time making v v sure you’ve got everything correct. 
Time between the finish of their authorised stay and the issue of the NOA puts them in unauthorised stay and at risk of deportation if picked up

 by ICE. The chance of that happening depends on your location and how much they are out in public spaces where ICE are known to be .. 

 

Not an easy decision I’m

 sure … 

But if they return the application again and they’ve overstayed at that point we can still file AOS or would they have to go

back home country and file again. I fergot to mention I had filed their i130s online. So I do have a receipt for that but not for the i485. The i485 was fine the first time. They said it was missing signatures… but it wasn’t. So I I’m not sure why they sent it back in the first place.

[Crazy Cat 41,804]

1 hour ago, Slicoo said:

But if they return the application again and they’ve overstayed at that point we can still file AOS

Yes.  Once they receive the receipt for the I-485, they will be granted "authorized stay" until the I-485 is processed.  Overstays are forgiven for immediate relatives of US citizens.  However, the time between I-94 expiration and the time they receive the receipt for the I-485, they are technically deportable.  The risk is low.