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GC for Parents - Question related to their visa status

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  • GC for Parents - Question related to their visa status

    Applied GC for my parents through concurrent filing as they are in US currently. I have the following questions ..

    1. USCIS received I-130, I-131 , I-485 and I-860 on December 31st 2012. We received the I-797 for I-130, I-131 and I-485 on Jan 7th 2013.

    2. My parents visitors visa ( I-94) will be expiring on Feb 1st 2013.

    Since they got I-797 are they valid to stay in US?

  • #2
    Originally posted by srm16 View Post
    Applied GC for my parents through concurrent filing as they are in US currently. I have the following questions ..

    1. USCIS received I-130, I-131 , I-485 and I-860 on December 31st 2012. We received the I-797 for I-130, I-131 and I-485 on Jan 7th 2013.

    2. My parents visitors visa ( I-94) will be expiring on Feb 1st 2013.

    Since they got I-797 are they valid to stay in US?
    No they can't stay beyond the expiry date. Either they apply for extension of I-94 or go back to their home country and wait for their immigrant visa to be issued before going back to US.
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    • #3
      yes they can stay as long as their I-485 is pending and not denied

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