We received i130 approval for my dad after almost 1 year of applying. He is here in US now on visitor visa. Can I apply for adjustment of status in US and can he extend his stay till an action has been taken on 485 application (which can take several months) or will we need to go for consular processing when he returns to India after 4 months. We would prefer to extend his stay if that is allowed and if you could suggest what the process will be like
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Adjustment of status for approved i130 for parent while in US on vistor visa
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Yes, he can file I-485 for Adjustment of Status. He didn't need to wait for I-130 approval -- he could have filed I-485 while I-130 was pending too. He can stay in the US for as long as I-485 is pending, regardless of whether he has status. He should not file I-539 for extension of stay.
This is my personal opinion and is not to be construed as legal advice.
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