My I-94 is expiring in less than 2 months... Can I stay in the US legally while waiting for my 1-130 to be approved

Business 7 views 3 answers
I am over 21 yrs old and i entered the US on a B-2 non-immigrant visa... while i was enjoying my stay. my mother who is a permanent resident decided to petition me while i am still here(1-130) my question is can i stay here legally while waiting for my I-130 to get approved? my I-94 states that i have to leave the US on April 21... what should I do?

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No, you cannot "legally"'stay. The fact that you have an I-130 pending does not confer the algal right to remain in the US while it is pending. You need to timely depart prior to your I-94's expiration date or seek to timely extend your B-2 status, an application which will in all likelihood denied due to the fact that you have pending immigrant petition filed by your mother.
0 upvotes
Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
You may stay legally only if the USCIS allows you to. As the adult son of a U.S. resident, it is unlikely that you can remain until a visa becomes available to you. However, the best thing you can do is have a consultation with an immigration lawyer who can give you an opinion after asking additional questions, beginning with the country of your birth and that of your mother.
0 upvotes
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
You can only stay in the U.S. while your I-94 is valid. It may take you many years to immigrate to the U.S. as the unmarried son of a permanent resident. Please see
0 upvotes

People Also Asked