QUESTION
Can I remain in the US on my B1 B2 with my wife and work since my father is filing i130 for me?
Asked on Sep 26th, 2013 on Immigration - Michigan
More details to this question:
My father is a US citizen. My wife and I are in NY on our B1 B2 visa. We got the I-94 for 6 months. It is going to expire in 3 months. Can we remain in NY until we get our green card? Please advise with your professional knowledge. Thank you so much in advance.
9 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You cannot remain in the U.S. while your father's I-130 is pending. The process will take not less than 11 years (much longer if you are from Mexico or from Philippines). If you stay in the U.S. illegally, you will not get a green card when your father's petition gets approved.
Answered on Oct 02nd, 2013 at 6:31 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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Since your father is a US Citizen and you are married, your category falls under F3 category which has a visa availability waiting time of about 10 years or 20 years if the beneficiary was born in the Philippines or Mexico (based on October 2013 visa bulletin). This category requires the beneficiary to be maintaining lawful status as of the time he/she applies for adjustment of status (the process to apply for a green card within the United States), unless he/she is covered by Section 245i of the Immigration & Nationality Act. If you do not have 245i benefit, you should not allow your status to expire while waiting for the priority date of your petition to become current.
Answered on Oct 01st, 2013 at 3:01 AM
Adebola O. Asekun
You cannot legally remain in the US even if your father files an I-130 petition for you. This is why. A petition filed by your USC father in the 3rd family preference category will take no less than 10 years to become current, and until it becomes current, you have no status to remain in the US. If you remain in the country beyond the period of your authorized stay, you may become ineligible to get a green card.
Answered on Sep 30th, 2013 at 2:38 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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No a pending I-130 does not allow you to remain in the U.S. you would need another nonimmigrant status to stay here until you are eligible to file the I-485.
Answered on Sep 27th, 2013 at 6:13 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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If you father is filing an I130 and you are married it will take 7 years before you get any benefit to stay here as an immigrant. If you over stay your B1/B2 visa you will not be able to use your father's I130 to immigrate. Filing an I130 does not give you the eligibility to stay in the US, you have to have some other means to stay here legally.
Answered on Sep 27th, 2013 at 1:09 PM
No, you cannot maintain status by I 130 from your father.
Answered on Sep 27th, 2013 at 11:12 AM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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Since you are married son of a U.S. citizen, you are not considered an "immediate relative" under the immigration laws. Only immediate relatives are eligible for "Adjustment of Status" ("Green card") if they are out of status in the U.S. You are in Third Preference Category (F3 - married sons/daughters of US citizens), and depending on which country you are from, the priority date for you is probably several years away (you can check the priority dates on the visa bulletin here). So since by the time your priority date becomes current, you would certainly be out of status, and not being an "immediate relative" you would not be eligible for Adjustment of Status. So if you can avoid being out of status (especially, to avoid the 3 and 10 year bars to reentry), you shouldn't remain in the U.S. without a non-immigrant status.
Answered on Sep 27th, 2013 at 10:55 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It depends. If you were under the age of 21 when your father filed the I-130 petition, then you are eligible to concurrently apply for adjustment of status on form I-485, which will give you a green card if approved. If you were over the age of 21 when your father petitioned for you, then you must return to your home country after your I-94 card expires to wait for your priority date to become current and for consular processing.
Answered on Sep 27th, 2013 at 10:36 AM
No, I assume you are over 21 and married. A visa is not available for you at this time. You will have to go back home and wait.
Answered on Sep 27th, 2013 at 10:35 AM