Adjustment of status while I-130 in progress and in US on B2


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Hello, My dad is in the US in B2 visa and I filed I-130 (online in USCIS site) for him in August 2022. His I-94 expires on Jan 27, 2023. I would like to apply for I-485 (adjustment of status) along with I-693(Medical), I-765 (EAD), and I-131 (Advance Parole). Are there any issues with moving forward with these applications? Can my dad stay in the US past his I-94 expiry date if he gets a receipt for I-485 before that?

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Hello,

Within family based immigration, there are different categories based on the beneficiary’s relationship to the petitioner. Here, your Dad is the beneficiary and you are the petitioner and we are assuming you file. For a case like yours, it depends on whether you are a US citizen or a Lawful Permanent Resident. If you are a US citizen, your Dad would be considered an “immediate relative”. This means that there is always a visa available, provided that he is otherwise eligible. The only time you would need to wait is normal processing times (which can vary). If you are a Lawful Permanent Resident, then you would not be eligible to file for your father, since Lawful Permanent Residents cannot file for their parents. For immediate relative cases, you are entitled to file concurrently, which means that you file for the I-130, I-485 and related documents at the same time. If you have received an I-130 receipt notice it is possible to file the adjustment of status form and supporting documents with USCIS now. However, there may be other complications that you may want to consider. Generally speaking, while an I-485 is pending the applicant may remain in the U.S. pending adjudication. Please note, that this is general information and you should always speak with a U.S. immigration attorney prior to taking any action.  

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