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Question on stay extension in US during Greencard processing
Hi,
I am a US citizen of Indian origin and planning to file greencard for my parents. They are currently in the US and their I-94 expiration is on Aug 26th 2015.
I am looking to concurrently file the I-130 & I-485 with other requisite forms pretty soon.
Since most likely the greencard processing will not get completed by Aug,
a) Can they continue to legally stay in US beyond August once I get the receipt of the I-485 application without having to file for extension?
b) If I do need to file for extension, should I be filing for Advanced Parole (I-131) or I-539 extension?
I have read some threads on the forum and direction seemed to be I-131 but I was wondering if they can hang around till completion of the greencard process without any issues if they don't need to return back to India anytime soon.
I was assuming I-131 is needed only if they have to travel outside the US when greencard process is still in progress.
The other question was if they could stay till greencard process is complete, do I still need to file for Advanced Parole if they fly back to India and then back to US after a couple of months.
Am a bit confused on this topic so your guidance would be greatly appreciated.
Thanks in advance.
Regards,
Abhay
I am a US citizen of Indian origin and planning to file greencard for my parents. They are currently in the US and their I-94 expiration is on Aug 26th 2015.
I am looking to concurrently file the I-130 & I-485 with other requisite forms pretty soon.
Since most likely the greencard processing will not get completed by Aug,
a) Can they continue to legally stay in US beyond August once I get the receipt of the I-485 application without having to file for extension?
b) If I do need to file for extension, should I be filing for Advanced Parole (I-131) or I-539 extension?
I have read some threads on the forum and direction seemed to be I-131 but I was wondering if they can hang around till completion of the greencard process without any issues if they don't need to return back to India anytime soon.
I was assuming I-131 is needed only if they have to travel outside the US when greencard process is still in progress.
The other question was if they could stay till greencard process is complete, do I still need to file for Advanced Parole if they fly back to India and then back to US after a couple of months.
Am a bit confused on this topic so your guidance would be greatly appreciated.
Thanks in advance.
Regards,
Abhay
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