Ygp Posted August 30, 2023 Report Share Posted August 30, 2023 Hello, My mother is in US on B2 and a I130 is filed for her and status is “actively being reviewed “ . Her I94 expiry date is 09/16( 6 months from her entry), do i need to apply for extension of stay? Thank you Quote Link to comment
Attorney_10 Posted August 30, 2023 Report Share Posted August 30, 2023 An I-130 petition alone does not grant status nor place an individual in a period of authorized stay. Was an I-485 application for adjustment of status filed for your mother too? Quote Link to comment
Ygp Posted August 30, 2023 Author Report Share Posted August 30, 2023 No, can we file the i485 instead of i-539 for status change? Quote Link to comment
Attorney_10 Posted August 31, 2023 Report Share Posted August 31, 2023 Additional information would be required to advise on this matter. You should speak with an experienced U.S. immigration attorney who can obtain all relevant facts and advise accordingly based on your mother's specific circumstances. Quote Link to comment
newacct Posted September 1, 2023 Report Share Posted September 1, 2023 On 8/30/2023 at 4:14 PM, Ygp said: No, can we file the i485 instead of i-539 for status change? Yes, she should file I-485 for Adjustment of Status, and stay in the US while the I-485 is pending.. She should not file I-539 since she doesn't intend her stay to be temporary. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.