Able to stay in US while waiting for I-130?

[blackeyedsusan 31]

My husband has siblings who came here from Haiti during the humanitarian program initiated by President Biden, almost two years ago. Their mother is an LPR and has filed an I-130 for two of her unmarried adult children. They both entered with inspection and have work authorizations. Are they able to renew their work authorizations and stay in the US while their I-130 is pending?

[appleblossom 3,504]

43 minutes ago, blackeyedsusan said:

My husband has siblings who came here from Haiti during the humanitarian program initiated by President Biden, almost two years ago. Their mother is an LPR and has filed an I-130 for two of her unmarried adult children. They both entered with inspection and have work authorizations. Are they able to renew their work authorizations and stay in the US while their I-130 is pending?

 

When did she file? They can only submit I-485 and stay if their Priority Date is current. 

[blackeyedsusan 31]

10 minutes ago, appleblossom said:

 

When did she file? They can only submit I-485 and stay if their Priority Date is current. 

She only filed last December. I know it's going to be years and years until their PD is current.

[Crazy Cat 42,813]

1 hour ago, blackeyedsusan said:

and stay in the US while their I-130 is pending

An I-30 submission or approval, in itself, does not confer any permissions to stay in the US or to work.  As @appleblossom stated, they can't even submit an I-485 until their I-130 priority date is current.  At that time, a properly submitted I-485 would allow them to remain in the US until either approved or denied.  That is the policy as of right now.

Edited Sunday at 12:36 PM by Crazy Cat

[appleblossom 3,504]

15 minutes ago, blackeyedsusan said:

She only filed last December. I know it's going to be years and years until their PD is current.

 

Then no, they must leave before their current status ends. They could only stay if they had submitted a I-485, but they aren’t eligible to do that, so they will be getting their immigrant visas via consular processing. It’ll be at least another decade.

Edited Sunday at 12:38 PM by appleblossom

[Crazy Cat 42,813]

Did that humanitarian program end earlier this year?

[appleblossom 3,504]

4 minutes ago, Crazy Cat said:

Did that humanitarian program end earlier this year?

 

Yes, ending in August 2025 now I believe. 

[blackeyedsusan 31]

7 minutes ago, Crazy Cat said:

Did that humanitarian program end earlier this year?

The program closed in January. But their I-94's expire in June.

[blackeyedsusan 31]

Thank you all for your answers. They both applied for TPS in September, which is still pending. I understand the TPS period is currently scheduled to end in August of this year. (Fingers crossed that they might extend it.) Would a pending TPS allow them to stay?

[appleblossom 3,504]

6 minutes ago, blackeyedsusan said:

Thank you all for your answers. They both applied for TPS in September, which is still pending. I understand the TPS period is currently scheduled to end in August of this year. (Fingers crossed that they might extend it.) Would a pending TPS allow them to stay?

 

No. Unless any of the court actions are successful there will be no way for them to stay. I’m so sorry. 

[Boiler 46,489]

F2b is going to take 10 years ior so.