QUESTION

Can she stay after applying for I-485 and I-130 beyond 02 Feb 2016 or does she need to apply for advance parole and go back to her home country?

Asked on Nov 02nd, 2015 on Immigration - Georgia
More details to this question:
I am planning on concurrent filing of I-130 and I-485. Her I-94 expiry is 02 February 2016. I think I will need another week or more to complete I-693 and other supportive documentation for I-485.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, immediately upon filing a Form I-485 Application for Adjustment of Status, a foreign national becomes an Applicant for Permanent Residency, authorized to remain in the U.S. while that application is pending. If a foreign national entered the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the foreign national successfully may go through the Adjustment of Status application process even if he/she may have overstayed an initial visa. Additionally, note that while there may be some advantages to supplying a Form I-693 Medical Examination Report with the application forms, that no longer is necessary and may be supplied later. It would be wise to work with an immigration attorney who, after learning all of the relevant information about you and the foreign national, would be able to advise about eligibilities, options and strategies and would be able to offer legal representation in the application process - a process that often can be significantly more complex than it appears.
Answered on Nov 16th, 2015 at 3:12 AM

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