Need ungent advice for I-485. Kindly look into this please ..Thanks

[padma485]

Many thanks for reading this and I highly appreciate your time and patience.

My mother came to US on a 10 year visitor visa and her duration of stay expires on 26th November 2012 as on I-94. (She still has few more years left on this 10 year visa) I am an US citizen and I filed I-130 and I-485 together on 1st Novermber and Chicago lockbox received it on 2nd November.

Our checks are not cashed yet. We have not received any kind of communication from them so far. If we do not receive anything from them, would is be legal for her to stay here. I heard that it would be legal for an applicatnt to stay beyond the visa time if I-485 case is pending. I can not say our application is pending as I do not have any communication from them saying it is pending. The application can be rejected based on possible paperwork mistake or somethingelse.

My doubts are:

1. Will she become illegal if she stays here beyond her I-94 duration date and if the I-485 (AOS) application is

rejected for some technical reason.

2. will they consider the AOS application is abandoned if she leaves now before we hear anything from them?

3. Will it become helpful if I apply for her visa extension also now so that one or other can possibly keep her

in status?

My question is: Please advise me whether I keep her here or send her back before 26th November.

I sincerely thank all of you for your time and advice.

Best regards, Padma

[SameerH1Bworker]

1. Will she become illegal if she stays here beyond her I-94 duration date and if the I-485 (AOS) application is

- If you get the receipts then it is not illegal. I would suggest to call USCIS and ask them its been more than 2 weeks but still my application's checks have not been withdrawn as well as I did not received any receipts.

And in my Mom's case, on receipt notice it was clearly mentioned, she can not leave the country untill USCIS make any decision whether approved or denied. If they denied then also she will not be considered illegal stay between I-94 expiry and denied date.

2. will they consider the AOS application is abandoned if she leaves now before we hear anything from them?

- Yes, in my Mom's case on the receipt it had clearly written if she leaves the country then AOS will be abandon unless any life/dead situation with USCIS approval.

3. Will it become helpful if I apply for her visa extension also now so that one or other can possibly keep her in status?

- I would suggest call USCIS and find out why they took so much time.