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I'm filing I 130 & I 485 for my dad who has B2 visa (will expired in 1 month) while waiting should I file 539 to keep him legal?

2 views 3 answers
I'm filing I 130 and I 485 for my dad..still waiting for the approval..My dad 's I 94 will expired next month..I 'm nervous that it will expired before we hear anything back form USCIS.I want to keep him legal.Should I file I 539 to extend his stay? or would it affect his adjustment of status application? Thank you

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Not necessary AT ALL! Please do not waste your money. As long as the AOS applications you mention are filed BEFORE your dad's expiration date as shown on his I-94 card, he'll be OK and in valid processing status. An application for extension of stay will be summarily denied anyway. It won't win him any cookie points. Also, most importantly, USCIS does not impute "unlawful presence" to parents of USC's whose I-94s were expired and who were "out of status" when their USC child over 21 years of age filed AOS on their behalf. Best wishes to you and your parents, Giacomo
0 upvotes
Chong Ye ·
You don't need to file a I-539 because his case is pending.
0 upvotes

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