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can b2 (visitor visa) holder applied for i485 stay in usa ?

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  • can b2 (visitor visa) holder applied for i485 stay in usa ?

    We are parent of an american citizen, my son had filed i130 and i485. We got notice for finger printing. According to i94 we were alloed to stay in usa upto 15 th November 2008. We have heard that we we cannot leave usa until greencard is processed. Do we can leave usa on 15th Nov.2008 or we have to stay untill GC processed.

  • #2
    You can leave, but you will not be allowed to re-enter with your visitor visa and will abandon your GC petition.

    You must either stay until your GC is approved (and you are allowed to stay), Or you need to have applied for and received an approved Advance Parole (i-131) in order to leave without abandoning your GC petition and be able to re-enter.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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