QUESTION
Do we need a visa B-2 extension filed while I-130 is pending?
Asked on Mar 04th, 2015 on Immigration - Texas
More details to this question:
Hi, my mother is 74 and in the US on B-2 visa and I am a US citizen. We have filed I-130 and I-485 and have done her fingerprinting and fees paid. We have received a letter from the USCIS titled:" Notice of potential interview waiver case". The letter states that " due to workload factors not related to your case USCIS anticipates a delay in completing your case". Her B-2 visa status will expire in a couple weeks, do we need to file for an extension for her visa? On one hand is pointless since she has an intent to become a permanent resident, on another, she would be on an expired visa. Please advise.
3 ANSWERS
If she filed the I-485, then she has the right to remain in the US while the petition is pending and there is no need to extend anything.
Answered on Mar 11th, 2015 at 5:09 PM
When someone has filed a Form I-485 Application for Adjustment of Status, his/her status immediately becomes "applicant for permanent residency," authorizing the person to remain in the U.S. while the case is pending. Assuming the application package included an application for a work permit, within 90 days of filing, he/she should receive an Employment Authorization Document (an "EAD" or "work permit") for use while the case is pending. An Applicant for Permanent Residency does not need, and is not eligible for, an extension of a visitor's visa.
Answered on Mar 05th, 2015 at 2:51 PM
Bruce A. Coane
You have clearly identified all of the issues. If one likes to exercise an abundance of caution, they'd file for the B-2 extension, but it could also be denied for immigrant intent. On the other hand, I've had the B-2 extension approved in cases exactly like this.
Answered on Mar 05th, 2015 at 2:45 PM