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I-485 | Evidence of I-539, Application to Extend

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  • I-485 | Evidence of I-539, Application to Extend

    Hello everyone! I am currently working on petitioning my mother from within the US, as she is here on a Tourist Visa. I am planning on submitting the following forms, concurrently: I-130, I-131, I-485, I-864, I-765 and I-693.

    In regard to Form I-485, should we include any previous evidence of my mother’s application for an extension. This would date from the COVID times, when my mother’s flights kept being cancelled. We submitted an extension before expiry of her I-94, and although we got a notice of receipt, my mom was able to leave just a couple of weeks later. About a year later, we received the biometrics appointment, but mom was unable to attend. Another year later, the extension request was denied, since mom did not appear for biometrics. She has then entered the US twice on a visitor visa.

    Given the above, should we submit any sort of evidence regarding this previous situation, such as the application itself and all evidence we had provided back then?
    Your assistance is greatly appreciated! Many thanks!

  • #2
    No evidence is necessary. Whether she is out of status, or have been out of status in the past, are not relevant for Adjustment of Status in her category.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Many thanks for your kind response!

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