QUESTION
What to do when there is a pending i130 application and the i94 expired?
Asked on Apr 09th, 2013 on Immigration - California
More details to this question:
1. The i130 was filed by a US citizen (child over 21 of a US citizen) when the person arrived in the US for a vacation on b2 visa and is still pending. 2. Since i94 expired, the person is scheduled to go back to the country of origin. Does the person need to inform USCIS of his departure so his i130 application won't be affected? As for the b2 visa it's a 10 year multiple, will it be revoked or can the person go back to the US on vacation again while waiting for the i130?
5 ANSWERS
Adebola O. Asekun
Once the I-130 petition was filed, the B2 tourist visa is effectively void and except in extraordinary circumstances her B-2 visa can no longer be used to gain entry into the US despite the 10 year expiry. So, if the beneficiary of the I-130 petition were to depart the US at this time, her return as an tourist is not likely The beneficiary has two options. (a) Return to the home country and visa process in that country.Note that the beneficiary's return to US with B-2 visa is unlikely. Second option (b) is to wait for the I-130 to be approved [usually about 8 month] Once approved, and assuming the beneficiary is an immediate relative of a US citizen,the beneficiary can immediately file I-485 Adjustment of Status application [green card] in the US and get the green card here. It does not appear competent legal advice was sought or obtained prior to filing this petition. In order to avoid additional complications, please seek legal advice of a competent immigration lawyer.
Answered on Apr 09th, 2013 at 3:34 PM
More information is needed, but this question is best answered at an appointment with a competent and experienced immigration attorney. You may set off an unlawful presence bar based upon the I-94. Your absence from your nation can create concerns over whether you are withholding information from a consular official, which can create an indefinite ban on lawful immigration. The unknown facts in combination with the strategy creates serious concern.
Answered on Apr 09th, 2013 at 3:34 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You do not need to inform USCIS of your departure other than to return your I-94 card when you leave. Immigration may take back or revoke the B-2 visa in the future if they determine that you intend to remain in the US permanently during your next visit.
Answered on Apr 09th, 2013 at 3:33 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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The parent (beneficiary) of a US citizen child over 21 can file for adjustment of status at the same time the I-130 petition is filed if they entered the US with a visa. If they also request advance parole, they can travel while the applications are pending, but they should not leave the US before the advance parole document is issued.
Answered on Apr 09th, 2013 at 3:33 PM
If you are a parent of a us citizen you could have and should have filed I 485 together with the I 130 and that would protect your status and get you the green card much quicker.
Answered on Apr 09th, 2013 at 3:32 PM