Is B1/B2 visa extension required if family based GC is in-progress?

[sarkalgud]

Hello!



I am a US Citizen and have applied for GC for my father who is in the US on a B1/B2 visitor visa. His B1/B2 (I-94) is expiring on Jan 21st. We have received a receipt of acknolwedgement from USCIS for his I130/I485 filing. He also got an appointment letter for biometrics. And, most recently got a "courstesy letter" for medical exam and I-693 to be prepared.



Should i apply for B1/B2 extension, given that USCIS has shown in several ways that his GC case is in-progress with them?



Thanks!
Sri.

[newacct]

Hello!



I am a US Citizen and have applied for GC for my father who is in the US on a B1/B2 visitor visa. His B1/B2 (I-94) is expiring on Jan 21st. We have received a receipt of acknolwedgement from USCIS for his I130/I485 filing. He also got an appointment letter for biometrics. And, most recently got a "courstesy letter" for medical exam and I-693 to be prepared.



Should i apply for B1/B2 extension, given that USCIS has shown in several ways that his GC case is in-progress with them?



Thanks!
Sri.

No. Definitely not.

First, someone doesn't need to be in status while I-485 is pending (and in fact, in his category, he doesn't even need to be in status before filing I-485).

Second, B2 extension of status requires a statement explaining why his stay will be temporary and what plans he has made to leave, and he would be lying if he made such a statement, because his stay is not temporary, and he is doing Adjustment of Status.

[sarkalgud]

No. Definitely not.

First, someone doesn't need to be in status while I-485 is pending (and in fact, in his category, he doesn't even need to be in status before filing I-485).

Second, B2 extension of status requires a statement explaining why his stay will be temporary and what plans he has made to leave, and he would be lying if he made such a statement, because his stay is not temporary, and he is doing Adjustment of Status.

Thanks very much for the confirmation! In the meantime, I called USCIS and they also told the same - as long as he has entered the United States legally (i.e with an I-94) and his AOS case is pending with us, he can stay until a decision is made on his case.

Regards!
Sri.