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Pending I-485 Approval and I-94 is expiring

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  • Pending I-485 Approval and I-94 is expiring

    Hi,
    My dad came here last May and I filed I-130 and I-485 together (since he is physically here) to petition him. The I-130 has been approved but I-485 is still pending. Not sure if he should leave the country before I-94 expires next month or if we should apply visa extension. Can anyone please advise if they have any idea? Someone told me that i should not let my dad leave and instead wait for the I-485 approval. In which case, is it a requirement to apply visa extension ? Will he be considered out-of-status if we do not apply for visa extension?

    Thanks in advance for your time.
    rgds

  • #2
    He SHOULD NOT leave the country. If he does the I-485 will be abandoned and denied.

    His legal status in the US no longer depends on the I-94. It does not matter if it expires. He is legally in the US now as an AOS applicant "pending status". So do not worry about that.

    He is allowed to stay in the USA until a decision is made on his I-485. No need to apply for any extensions.

    He can only leave the USA using an Advance Parole document (i-131) and only IF HE HAS NEVER overstayed his visa or been out of status for 180 days or more.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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