vijcuis Posted October 7, 2016 Report Posted October 7, 2016 I'm a US citizen and recently filed for their Green card (I130 and 485). They are on visitor visa and currently in the US. However they will complete their 6 months on the visitor visa in about 45 days. Should I file an application to extend stay such as I-539, just in case we dont receive confirmation on the application. The other concern is if the application is denied because of supporting documents. My parents dont have original birth certificates but we have submitted copies of school leaving certificates.
JoeF Posted October 7, 2016 Report Posted October 7, 2016 The pending I-485s keep them legal. B2 extension wouldn't work, anyway, since they have immigration intent. If supporting documents are needed there would be an RFE. They can travel if they have AP.
pontevecchio Posted October 7, 2016 Report Posted October 7, 2016 If their AOS is on file you do not have to do anything. You should expect an RFE for your parents BC as the instructions specify Non availability Certificate if available or two affidavits from elders along with any ancillary evidence. It is possible the I-130 may have an RFE suggesting DNA testing. Wait for their letter.
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