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  1. #1
    Join Date
    May 2014
    Posts
    2

    Default B2 Extension Denied While I-130/I-485 Pending

    My father came to US on B2 tourist visa in Dec 2013 with I-94 valid up to 30 June 2014. I filed for his B2 extension in June 2014. I became citizen and filed I-130, I-485 for my father in August 2014 and fingerprinting was done in early October 2014. We received Visitor - B2 status extension denial notice last week stating reasons of immigrant intent due to I-485 pending. We are not sure what impact will this have on the pending I-485 application interview and approval. I have below doubts and queries as below, please advise:
    1. Does Visitor - B2 status extension denial means my father is considered out of status while I-130, I-485 application were filed in Aug 2014? Or is there a 180 day period after I-94 expiry after which a person is actually considered out of status and ineligible to file I-130, I-485?
    2. Though Visitor - B2 status extension was filed quite late and the decision to file I-130, I-485 later was made later, can USCIS still perceive it as preconceived entry?
    3. With Visitor - B2 status extension denial, is there any other form/step we need to take for the I-485 processing/interview to go smoothly? Or should we assume that since the I-130/I-485/I-131 Applications were accepted by USCIS in Aug 2014 with immigrant visa A-number allocated, there should not be any impact on the remaining process (interview)?

  2. #2
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: B2 Extension Denied While I-130/I-485 Pending

    He's not eligible for a nonimmigrant visa for the reasons stated, he's clearly in the process of immigrating. As long as he filed for that status change while he was legally present, he is not accumulating illegal presence time while the decision is being made. It's unclear why you filed for a visa he didn't qualify for, but it would seem that this is not going to harm him. If he wants to leave the country, he needs advance parole to get back in at this point. You should consult an immigration attorney before filing any more spurious or worse immigration documents.

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