Adjustment status of my parent while they are on B2 visa

[Chinh 1]

Hi,

 

My parent arrived in US with B2 visa on Sep 19, 2019. I got my citizenship in Oct and mailed out I-130 and I-485 for them on Oct 20, 2019. USCIS accepted both forms with PD Oct 29, 2019.

 

My parent's I94 'Admit until date' is Mar 20, 2020. I'd like to check if my parent's AOS is officially pending with USCIS and they can legally stay in the US beyond Mar 20, 2020. They haven't received bio metric appointment yet.

 

Best,

Chinh

Edited January 21, 2020 by Chinh

[Crazy Cat 39,192]

Have they received the NAO1 for their I-485 from USCIS?  If so, that grants them "authorized stay" until the I-485s have been adjudicated.  

[Chinh 1]

I'm new to the forum and was not sure what NAO1 is. I have tried searching the forum but couldn't find its definition.

 

We have received the following documents:

2 Form I-797C, Notice Type Receipt for my I-130 forms (one for my mom and one for my dad)

1 Form I-797C, Notice Type Receipt for my mom's I-485 form

1 Form I-797C, Notice Type Receipt for my dad's I-485 form

 

Best,

Chinh

[Crazy Cat 39,192]

4 minutes ago, Chinh said:

I'm new to the forum and was not sure what NAO1 is. I have tried searching the forum but couldn't find its definition.

 

We have received the following documents:

2 Form I-797C, Notice Type Receipt for my I-130 forms (one for my mom and one for my dad)

1 Form I-797C, Notice Type Receipt for my mom's I-485 form

1 Form I-797C, Notice Type Receipt for my dad's I-485 form

 

Best,

Chinh

The I-797 is the NOA1 .  The I-797s they received for the I-485s give them "authorized stay" until their Adjustment of Status is adjudicated.....

Edited January 21, 2020 by missileman

[Chinh 1]

Yay! Thank you!

[Chinh 1]

@SusieQQQ, I don't understand what you meant.

 

Does AOS for US citizen's parent while on B2 have negative effect on 'parent of greencard' b visa applicants somehow?

[arken 4,197]

The more the USCs petition and apply for AOS for their parents while claiming to just visit US, the more difficult it will be for other parents applying for B2. 

[Chinh 1]

Ah gotcha. Thank you.

[Chinh 1]

Thanks @gregcrs2 and @Marieke H for raising the preconceived intent and ties to home country issues. With recent immigration changes, those are definitely valid concerns.

 

Has anyone personally experienced those concerns being raised during the interview and can you share how did you prepare for it?

[Marieke H 2,301]

1 hour ago, Chinh said:

Thanks @gregcrs2 and @Marieke H for raising the preconceived intent and ties to home country issues. With recent immigration changes, those are definitely valid concerns.

 

Has anyone personally experienced those concerns being raised during the interview and can you share how did you prepare for it?

I'm not sure what you're asking here. There's no specific way to prepare for the interview; they will be asked questions, and they will have to answer them truthfully. 

 

Their intent was established at, and they're here now, so they can adjust status.

 

It all just seems too much of a coincidence that they got here right before you naturalized and you immediately petitioned for them. Many of us will think that you have played the system to bypass the normal immigration process. But again, it doesn't matter. They're here now. Hopefully you have the funds to support them financially. 

[Crazy Cat 39,192]

1 hour ago, Chinh said:

Thanks @gregcrs2 and @Marieke H for raising the preconceived intent and ties to home country issues. With recent immigration changes, those are definitely valid concerns.

 

Has anyone personally experienced those concerns being raised during the interview and can you share how did you prepare for it?

I don't see a reason to worry about prior intent unless they misrepresented themselves at the POE.  Were they asked about their intent when they entered the US?  I know of only one instance when a denial occurred at Adjustment of Status due to prior intent, but it involved specific intent questions at the time of US entry.  

Edited January 21, 2020 by missileman

[Ontarkie 13,904]

~~Non conductive posts removed. Please stick to answering the OP's questions.~~

[HRQX 4,145]

8 hours ago, Chinh said:

mailed out I-130 and I-485 for them on Oct 20, 2019. USCIS accepted both forms with PD Oct 29, 2019.

Pending AOS applicants are in "a period of stay authorized by the Secretary of Homeland Security." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

[Chinh 1]

Thanks @HRQX!

 

The example in the link you sent is exactly what I need.

[NikLR 13,220]

~~moved to AOS from work, tourist and student visas from bringing family members if USC.  Op has family adjusting status not seeking a visa~~