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Everything posted by newacct

  1. Yes. And they cannot leave the US until they get their green card or Advance Parole, or they would automatically abandon their AOS.
  2. newacct

    I-539 and visa stamps

    It doesn't have to be filed 45 days before the end of her stay. It just needs to be filed before the end of her stay. i.e. as long as it's officially received by USCIS before her status expires. It's when her status expires, as given on her I-94. It has nothing to do with her visa. She would need an unexpired visa to enter the US, regardless of whether or not she got an extension of status during her previous stay. "Status" is only something that exists when in the US. Extension of Status extends one's status during one particular stay. There is no "status" to extend while outside the US.
  3. newacct

    Am I Eligible for automatic extension?

    Your AOS has been pending for 6 years?
  4. newacct

    I-539 Approval

  5. newacct

    Extend of stay for B-2 Tourist visa

    She can file I-539 for Extension of Status before her I-94 expires (it needs to be officially received by USCIS before the I-94 expires). It might take 3-5 months to process the I-539, so if she files not long before her I-94 expires, and she only stays for 1-2 more months, chances are that it will still be pending when she leaves, so she has no risk of denial while she is still here.
  6. Not a problem if you worked legally.
  7. 1. Yes, they can stay as long as the Extension of Status is pending 2. They do not issue NTAs until 33 days after a denial.
  8. There is no point to do COS or EOS if one is going to leave the US. You don't have "status" outside the US, so once you leave the US, you cease to have any status, including any status that was changed or extended; and you will need to have a visa to re-enter anyway.
  9. I don't think marrying after she got her permanent residency has any negative effects. To immigrate as a widow, she just had to have not remarried at the time she got her permanent residency; there is no requirement that she remain unmarried afterwards. Note that when she petitions you, you will be in the F2A category as a spouse of a permanent resident; you will not be in the Immediate Relative category.
  10. No, anyone in any status can always stay until approval, even if it takes years. Someone on H1 can work during pending extension for 240 after I-94 expires.
  11. 1. Immediately 2. It is not necessary to have a job. But if her household income (which includes your income if you are working legally in the US) is not enough, then a joint sponsor will be required. 3. Anyone (her father or otherwise) who is a US citizen or permanent resident domiciled in the US, whose household income is enough, can be the joint sponsor.
  12. Anyone in any status (doesn't matter H1b, H4, F1, B2, O1, L1, or whatever) with a timely-filed, non-frivolous Extension of Status or Change of Status application is able to stay in the US for as long as the application is pending, with no time limit.
  13. newacct

    USA Internal - Flight travel with expired H1B visa

    No. 1. TSA does not check immigration status. Any valid foreign passport is sufficient for TSA purposes. 2. Even in the highly unlikely chance you run into a CBP checkpoint, what matters is your status; visa validity is irrelevant when you are inside the US (US visas are only for entry).
  14. Not directly answering your question, but one alternative in Illinois might be to get a Temporary Visitor Driver's License which you can get without evidence of status.
  15. newacct

    i-551 Stamp For A Emergency

    Yes, you are entitled to an I-551 stamp at any time since you have an I-90 pending.
  16. newacct

    Change of status from H1B to B2

    They don't issue NTAs until the 33-day period to file a motion is over after a denial.
  17. newacct

    Change of status from H1B to B2

    How many days it has been since the status expired makes no difference. One does not accrue "unlawful presence" while a timely-filed, non-frivolous COS or EOS is pending, even if it is eventually denied or abandoned. After a denial, if you are still in the country, "unlawful presence" only starts accruing on the day after the denial. The only immediate consequence to getting COS/EOS denied and you are out of status and still in the country, is that your visa is voided.
  18. newacct

    DHS published any RULE on H4-EAD?

    no we won't know until they publish a proposed rule
  19. Yes, she can file I-485 as your derivative beneficiary when your priority date is current. She can be in any status (or out of status if less than 180 days out of status since the most recent entry).
  20. newacct

    AB 60 license from California DMV

    No, there are no ramifications.
  21. newacct

    Visa overstay & 245(K) AOS

    Yes. If you are adjusting in an employment-based category, you can adjust as long as you have not been out of status or working illegally for 180 days since the most recent admission. So the overstay on a past stay does not affect your eligibility for AOS in an employment-based category.
  22. newacct

    Stuck in USA....HELP

    Are you in H1b/H4/L1/L2 status? If so, you can leave the US without Advance Parole and return on the same type of visa and it will not abandon your Adjustment of Status (I-485). Although your Advance Parole application will be abandoned, you can just apply for it again when you come back (it is free anyway).
  23. It should be Abu Dhabi.
  24. newacct

    Food stamp - Green card denial/deportation

    You made many false statements in this post: 1. WIC is not "no longer available". There have been no changes to WIC eligibility requirements recently. 2. They are not "starting to deport such foreigners starting October 1". They do not currently deport foreigners for using public benefits, and there are no officially announced plans to do so in the future. You may be confused about a proposed rule announced on September 22, about changing how to determine whether someone is inadmissible for being likely to become a public charge; and, among the things now considered, are certain benefits like Medicaid. 1) This does not deal with deportation; it deals with inadmissibility, which is for people entering the US, or applying for green cards. 2) It does not consider WIC, in the past or future. 3) Even for benefits which are to be considered under the proposed rule (e.g. Medicaid), they will not consider uses of the benefit before the final rule is effective. Right now, the proposed rule hasn't even been published in the Federal Register, after which there will be one or more comment periods, and it is likely at least next year before a final rule is effective. You may also be confused by a new policy which is starting to be implemented on October 1 for issuing Notices to Appear (NTAs) to certain people whose Extension of Status, Change of Status, or Adjustment of Status applications are denied, and who are unlawfully present after the denial. This has nothing to do with use of public benefits.
  25. newacct


    There is an exemption from the penalty for the first gap of less than 3 months that you have during a year.