QUESTION

Should I leave when my visa ends?

Asked on Jan 05th, 2014 on Immigration - Michigan
More details to this question:
I have a B2 visa. I married a citizen and pregnant from him. We sent the I130 and I-485 documents very close to my ending day of visa and I still didn't receive an answer. Do I need to buy tickets in case I'm rejected?
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3 ANSWERS

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
You should stay in the US and finish the process. If you leave before you get travel permission, your case will be denied. In addition, the I-485 filing allows you to stay beyond your B visa I-94.
Answered on Jan 08th, 2014 at 10:28 PM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
3 Awards
You can certainly stay while the case is pending. Assuming that the I-130/I-485 were filed before you fell out of status (it seems from you query that this is the case) then you have not accrued unlawful presence. If the case is denied, you should immediately seek the legal advice of a competent immigration law professional to try to get the case reopened. Alternatively, you may be able to re-file the case.
Answered on Jan 08th, 2014 at 10:27 PM

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You should be able to stay here and adjust status if the papers are correctly filed.
Answered on Jan 08th, 2014 at 10:26 PM

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