QUESTION
Do I have to file extension of stay (i-539), If I am filing i-130 and i-485 before i-94 expires.
Asked on May 26th, 2016 on Immigration - Texas
More details to this question:
Dear Sir/Madam I am a U.S Citizen and I already submitted i 130 for my parents, who is currently in U.S with visiting visa. Their i-94 expires on July 21, 2016. The question I have is that if I needs to submit form i-539 to extend their stay before their i-94 expire or can I instead submit i-485 to adjust status? If I only needs to submit i-485 and if their i-94 expires, what will happen if their application is not approved? are they going to be able to return to U.S with their current visiting visa or are the USCIS going to cancel the visiting visa. Thank you in advance for helping me with this questions.
1 ANSWER
You cannot file an extension of status. In order to file an extension of status, the applicant must intend to leave the United States. Your parents have no intention to leave the United States.
In addition, it may not be advisable for your parents to file for adjustment of status. Your parents may be found to have immigrant intent. This can lead to a permanent bar to admission. Whether this will be an issue will depend upon their intentions at the time of entry. If your parents adjustment applications are denied, it is unlikely they will be allowed to enter again with their tourist visas.
you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on May 26th, 2016 at 2:11 PM