curious80 Posted October 20, 2020 Report Share Posted October 20, 2020 My parents have been in the USA since late November 2019 on a B1 visa. They were slated to travel back to India in April '20; we filed for a visa extension given the situation with COVID. We have received a receipt from the USCIS but no decision on extension. I wanted to know if it would be possible to file Green Card petitions (I plan to file I-130/I-485 concurrently) for my parents in their current situation. My biggest concern is that their I-94 allows them to stay only till late May '20, even if there is an extension pending, and the I-130/I-485 forms require information on the I-94. Thanks! Quote Link to comment
pontevecchio Posted October 21, 2020 Report Share Posted October 21, 2020 You should talk to a lawyer first. If the extension is granted, they may think you are attempting to game the system when you file AOS. Without getting the extension approved, the AOS may be deemed frivolous and predetermined. Let a lawyer guide you. Quote Link to comment
newacct Posted October 21, 2020 Report Share Posted October 21, 2020 Yes, you can file I-130 and I-485. They are in the Immediate Relative category and do not need to be in status to file I-485. Quote Link to comment
curious80 Posted October 23, 2020 Author Report Share Posted October 23, 2020 Thank you both for your responses. @pontevecchio: Could you clarify why this may be considered gaming the system? Quote Link to comment
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