QUESTION
B2 visa status, can my son stay while I 130 being processed?
Asked on Nov 09th, 2016 on Immigration - Texas
More details to this question:
My son is a Canadian here in the US under a B2 visa that expires in Jan 2017. His passport is in process of being renewed as it expires in Jan. His wife is a LPR. We are going to submit the I 130 once his passport is renewed in 30 days. Can he stay in the US while the I 130 is in process waiting approval? Can we file the I485 concurrently? Does he have to leave and if so can he continue to come and visit under a B2?
1 ANSWER
No, your son cannot stay in the U.S. while waiting for the Form I-130 filed by his wife to be approved. He cannot concurrently file a Form I-485, because his with is not a U.S. citizen and therefore, an immigrant visa is not immediately available to him. He must depart the country in compliance with his authorized stay. Visiting the U.S. after the Form I-130 is filed is risky as your son will likely be denied entry because of immigrant intent. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Nov 18th, 2016 at 4:00 AM