QUESTION

My dad has filed a petion for Alien Residence for me, I am not in status yet, can I leave the country?

Asked on May 20th, 2015 on Immigration - Maryland
More details to this question:
My Dad, who is a citizen of this country, has filed the form I-130, Petition for Alien Residence for me. He has received an answer stating that they have received the petition and it is in process but that it does not mean that I am in status. I am in U.S now with a 10 year tourist visa, and I was given 6 months of stay (should leave at the end of August). I would like to know if I have to leave before my visa stay expires? Will this mess up the petition? Can I leave and come back to keep waiting for an answer?
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1 ANSWER

Immigration Law Attorney serving Azusa, CA
3 Awards
Hello, Your Dad's I-130 petition does not mean that you can live here legally yet. It simply means that he has filed the first step in the green card process, but please remember that he has not yet filed for the green card. It s a good idea to leave within the 6 months of stay that you were given so that you do not create problems with your green card application later. Good Luck. The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. 
Answered on May 20th, 2015 at 12:12 PM

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