I filed for my mom’s green card I130 and I485 AOS. If she leaves US do both I485 and I130 petitions are considered abondoned? Or just I485 abondoned?
Asked on Nov 02nd, 2019 on Immigration - New Jersey
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Mom is on visit visa in US for the last 4months.. her I94 date of return is 13th Nov. I filed for I130 and I485 AOS concurrently. We have not received a receipt notice yet. Can she stay in US beyond Nov 13th? Will it be considered unauthorized stay? If she leaves US before Nov 13th will both I130 and I485 considered abondoned or is it just I485 considered abondoned? Can we start a new green card process from India?
An applicant for I-130/I-485 adjustment of status is in the state of grace during the time that the I-485 application is pending and allowed to remain in the States. If your mother leaves the US without advance parole during the time of I-485 pendency, the I-485 is considered abandoned. The I-130 remains valid, but hopefully you would have indicated a request for consular processing. If not, I suggest contacting U.S.C.I.S. to request consular processing if your mother returns at this time. Otherwise there is the good chance that the I-130 will ultimately be approved, but not be transferred for consular processing. If you wish, you can file a new I-130 petition for your mother and begin the process anew when your mother is in India. The processing will take about a year taking into account both U.S.C.I.S. and consular handling times. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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