I 485 and I 130 concurrent filing

[Jchokshi]

Hello All,
I have filed for my mother who visited here in May 2015 for Green card. I did concurrent filing and submitted all necessary documents medical etc that was needed. She has received her Employment Authorization Document and also got an Alien number and she has finished her fingerprinting. But her visa of 6 months which she got when she came here in May expires in October 2nd week. So my question is does she need to file for visa extension or have to submit any other form to stay here until her immigration process completes or gets Green Card? She is not planing to travel anywhere until her process gets over. So if she stays here will it be considered overstay or she has to submit any advance parole or other form ? Please help. Thank you kindly.

[rayb]

Mom does not have to apply for visa extension.

Don't use an Advance Parole for her, as there is a risk she will be considered a B2 visa overstay when coming back to the U.S. before her Green Card is issued.

--Ray B

Hello All,
I have filed for my mother who visited here in May 2015 for Green card. I did concurrent filing and submitted all necessary documents medical etc that was needed. She has received her Employment Authorization Document and also got an Alien number and she has finished her fingerprinting. But her visa of 6 months which she got when she came here in May expires in October 2nd week. So my question is does she need to file for visa extension or have to submit any other form to stay here until her immigration process completes or gets Green Card? She is not planing to travel anywhere until her process gets over. So if she stays here will it be considered overstay or she has to submit any advance parole or other form ? Please help. Thank you kindly.

[dev2015]

I am also in the same boat and don't know what to do.
My mom came to US in Apr 2015 and I filed I-485 & I-130 concurrently in May 2015. She didn't apply for EAD since she is in the 70s and not planning on working here. She received the advanced parole approval. No other news on Green Card. But she got a notice of potential interview waiver case in Sep 2015. The letter said due to workload at USCIS, there may be delays upto 6 months.

Problem is her I-94 expires in 2 weeks (she is completing her 6 months stay here), I am not sure whether I should apply for her B2 Visa extension to avoid any out of status issues or not.
When I called USCIS to inquire about the situation, no clear answer was given. The officer asked me to get the free justice help from justice.gov website.
I am trying to fill out the I-539 form for visa extension - it has a section asking whether I-485 was ever applied (instruction says if I mark YES, the visa will potentially be denied)

Should I go ahead and apply visa extension or let her go out of status since we received the interview waiver letter? Any response will be greatly appreciated..

[rayb]

Don't file the I-539, unless you have money to throw away. She is in a protected mode while the I-485 is being processed. Don't let her leave the U.S. unti she has her Green Card.

--Ray B

I am also in the same boat and don't know what to do.
My mom came to US in Apr 2015 and I filed I-485 & I-130 concurrently in May 2015. She didn't apply for EAD since she is in the 70s and not planning on working here. She received the advanced parole approval. No other news on Green Card. But she got a notice of potential interview waiver case in Sep 2015. The letter said due to workload at USCIS, there may be delays upto 6 months.

Problem is her I-94 expires in 2 weeks (she is completing her 6 months stay here), I am not sure whether I should apply for her B2 Visa extension to avoid any out of status issues or not.
When I called USCIS to inquire about the situation, no clear answer was given. The officer asked me to get the free justice help from justice.gov website.
I am trying to fill out the I-539 form for visa extension - it has a section asking whether I-485 was ever applied (instruction says if I mark YES, the visa will potentially be denied)

Should I go ahead and apply visa extension or let her go out of status since we received the interview waiver letter? Any response will be greatly appreciated..

[dev2015]

Don't file the I-539, unless you have money to throw away. She is in a protected mode while the I-485 is being processed. Don't let her leave the U.S. unti she has her Green Card.

--Ray B

Thank you for the advise Ray. I got a call back from the free legal agency lawyer just after I posted here. She also gave me the similar advise - make sure not to leave US. But one thing she mentioned is bothering me. If I-130 is still not approved that means that there is still a possibility of an RFE on birth certificates etc., which is the main factor in rejection. I didn't have birth certificates for me as well as for my mother. However, I have presented the affidavits and letters from the local offices explaining that births were NOT registered those days.

[rayb]

Lack of a legal birth cert copy won't result in a hard deportable rejection or denial. You will just be told to provide statement from a government employee in native country explaining why birth records are not available, and including secondary evidence of birth (affidavits. religious, school and medical records).

--Ray B

Thank you for the advise Ray. I got a call back from the free legal agency lawyer just after I posted here. She also gave me the similar advise - make sure not to leave US. But one thing she mentioned is bothering me. If I-130 is still not approved that means that there is still a possibility of an RFE on birth certificates etc., which is the main factor in rejection. I didn't have birth certificates for me as well as for my mother. However, I have presented the affidavits and letters from the local offices explaining that births were NOT registered those days.

[Jchokshi]

Mom does not have to apply for visa extension.

Don't use an Advance Parole for her, as there is a risk she will be considered a B2 visa overstay when coming back to the U.S. before her Green Card is issued.

--Ray B

Thank you so much Ray for your prompt response. It definitely helped.

[dev2015]

AOS Pending, how to get an ID

Still waiting for the GC for my mother and her I-94 date has expired.

Meantime, I need an ID for my mother for her to be fingerprinted, for an international adoption process I had started 3 years ago. Now the agency wants her to be fingerprinted since she is staying in my place for a prolonged period now. The fingerprinting place bioapplicant.com doesn't accept her Indian passport as a valid ID for finger printing. I need to finish the process quickly to keep my adoption process up to date.

Is there way I can get her some sort of US ID? We didn't apply for EAD along with 485 since there was no intention of her working in the US, she is in her seventies. I don't her to be identified as an immigrant living here with out of status by any ignorant officials in this whole process? Should we apply for her EAD now and use it as an ID? Any advise will be greatly appreciated.

Thanks!