I entered US with B1/B2 visa, then filed I-485. Do i need to file I-131, in case of my tourist visa expires?

2 views 2 answers
My husband is a US citizen and filed I-130 after i have entered the US with B1/B2 visa. I filed I-485 for Adjustment of Status on 4 January, it is in on-going. My tourist visa will expire on June,3rd. According to these, i would appreciate if you could help me with following: -Will 3 months be enough for the approval? -Will i be asked to leave the country when my tourist visa expires? -Do i need to file I-131, Advance Parole, in case my tourist visa expires? Please advise.

Attorney Answers

2
Neil Fleischer ·
If you filed the I-485 you may not leave the country without the I-131 advanced parole, or your 485 will be deemed abandoned by USCIS . Thus, you should file the I-131 if you intend on international travel. It can take 2-3 months to approve unless you move to expedite the I-131. Fuether, it is you I-94 ( white entry card, unless from a visa waiver country ) that is controlling your status in the US, not your visa. Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Toll Free: 1-888-523-8088 Email: [email protected] Check out our blog for a humorous but informative look at immigration law http://immigrate2usa.blogspot com
0 upvotes
Andre R. OlivieImmigration AttorneySeattle, WA ·
You must file I-131 if you plan to leave while your adustment of status is pending. You cannot use your B2 visa as you will not be a tourist. If you leave without advanced parol you will have abandoned your application for adjustment. You may call me if you have more questions at 206-725-1940. Andre Olivie, Esq.
0 upvotes