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B2 extension denied while I-130/I-485 pending

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  • B2 extension denied while I-130/I-485 pending

    My father came to US on B2 tourist visa in Dec 2013 with I-94 valid up to 30 June 2014. I filed for his B2 extension in June 2014. I became citizen and filed I-130, I-485 for my father in August 2014 and fingerprinting was done in early October 2014. We received Visitor - B2 status extension denial notice last week stating reasons of immigrant intent due to I-485 pending. We are not sure what impact will this have on the pending I-485 application interview and approval. I have below doubts and queries as below, please advise:
    1. Does Visitor - B2 status extension denial means my father is considered out of status while I-130, I-485 application were filed in Aug 2014? Or is there a 180 day period after I-94 expiry after which a person is actually considered out of status and ineligible to file I-130, I-485?
    2. Though Visitor - B2 status extension was filed quite late and the decision to file I-130, I-485 later was made later, can USCIS still perceive it as preconceived entry?
    3. With Visitor - B2 status extension denial, is there any other form/step we need to take for the I-485 processing/interview to go smoothly? Or should we assume that since the I-130/I-485/I-131 Applications were accepted by USCIS in Aug 2014 with immigrant visa A-number allocated, there should not be any impact on the remaining process (interview)?

  • #2
    Amitah,

    Everything we do has an impact on future events...

    But having said that, I think you're worrying too much about a simple procedural denial by USCIS that could have been predicted.

    Once you submit an Adjustment package for someone who entered the U.S. with a visitor visa, the applicant is in a temporary protected status when the visitor visa expires, but you cannot have two USCIS procedures bumping heads with each other the same time.

    --Ray B

    Originally posted by Amitabh1514 View Post
    My father came to US on B2 tourist visa in Dec 2013 with I-94 valid up to 30 June 2014. I filed for his B2 extension in June 2014. I became citizen and filed I-130, I-485 for my father in August 2014 and fingerprinting was done in early October 2014. We received Visitor - B2 status extension denial notice last week stating reasons of immigrant intent due to I-485 pending. We are not sure what impact will this have on the pending I-485 application interview and approval. I have below doubts and queries as below, please advise:
    1. Does Visitor - B2 status extension denial means my father is considered out of status while I-130, I-485 application were filed in Aug 2014? Or is there a 180 day period after I-94 expiry after which a person is actually considered out of status and ineligible to file I-130, I-485?
    2. Though Visitor - B2 status extension was filed quite late and the decision to file I-130, I-485 later was made later, can USCIS still perceive it as preconceived entry?
    3. With Visitor - B2 status extension denial, is there any other form/step we need to take for the I-485 processing/interview to go smoothly? Or should we assume that since the I-130/I-485/I-131 Applications were accepted by USCIS in Aug 2014 with immigrant visa A-number allocated, there should not be any impact on the remaining process (interview)?

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