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  1. #1
    Join Date
    Aug 2008
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    Default Can Mom Stay After I-130 is Approved and I-485 is Filed?

    I am a US citizen (CA) and have just received notice of approval of the I-130 for my mother. But the notice says that she will receive further instructions in a few months. She is currently here on a B1 visa but she is supposed to leave next month. If she files for Adjustment of Status today, does she still have to leave, or can she overstay legally? And if she does need to leave, does she have to file any other forms in order to return? She is currently babysitting for my sister in NJ (who has a green card here) and it would be better if she could just stay. Any advice would be very much appreciated. Thank you!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can Mom Stay After I-130 is Approved and I-485 is Filed?

    If she files for adjustment of status and, presumably, goes out of status the odds are nothing will happen to her - but unless she gets advance parole she can't leave the country while this process is pending or her overstay could prevent reentry. (Of course, if her I-485 isn't approved, she would have to leave and would face a period of ineligibility to return due to her overstay. But I can't speculate as to the odds of that.) If she intends to seek EAD (employment authorization documents), she should do that now as well.

  3. #3
    Join Date
    May 2007
    Location
    Michigan
    Posts
    19

    Default Re: Can Mom Stay After I-130 is Approved and I-485 is Filed?

    As soon as she gets Receipt Notice of I-485, her status is Pending Adjustment of Status, which is totally legal. File ASAP!!
    You could have filed both I-130 and I-485 together.


    Quote Quoting sfcitizen
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    I am a US citizen (CA) and have just received notice of approval of the I-130 for my mother. But the notice says that she will receive further instructions in a few months. She is currently here on a B1 visa but she is supposed to leave next month. If she files for Adjustment of Status today, does she still have to leave, or can she overstay legally? And if she does need to leave, does she have to file any other forms in order to return? She is currently babysitting for my sister in NJ (who has a green card here) and it would be better if she could just stay. Any advice would be very much appreciated. Thank you!

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