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Amitabh1514

B2 extension denied while I-130/I-485 pending

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Filed: Citizen (apr) Country: India
Timeline

My father came to US on B2 tourist visa in Dec 2013 with I-94 valid up to 30 June 2014. I filed for his B2 extension in June 2014. I became citizen and filed I-130, I-485 for my father in August 2014 and fingerprinting was done in early October 2014. We received Visitor - B2 status extension denial notice last week stating reasons of immigrant intent due to I-485 pending. We are not sure what impact will this have on the pending I-485 application interview and approval. I have below doubts and queries as below, please advise:

1. Does Visitor - B2 status extension denial means my father is considered out of status while I-130, I-485 application were filed in Aug 2014? Or is there a 180 day period after I-94 expiry after which a person is actually considered out of status and ineligible to file I-130, I-485?

2. Though Visitor - B2 status extension was filed quite late and the decision to file I-130, I-485 later was made later, can USCIS still perceive it as preconceived entry?

3. With Visitor - B2 status extension denial, is there any other form/step we need to take for the I-485 processing/interview to go smoothly? Or should we assume that since the I-130/I-485/I-131 Applications were accepted by USCIS in Aug 2014 with immigrant visa A-number allocated, there should not be any impact on the remaining process (interview)?

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Filed: Lift. Cond. (apr) Country: China
Timeline

~duplicate thread removed~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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1) He was placed in a new period of authorised stay when his I-485 was accepted for processing by USCIS.

2) Maybe, it will depend on the exact circumstances. Preconceived intent does not prevent a successful adjustment if it is the sole negative factor, though.

3) It will likely have no effect. I also had a B-2 extension request denied, and it had no effect on anything and didn't even come up.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

there was no need to file an extension, overstay is forgiven for parents of USC who entered legally

now he may receive a letter requesting him to leave

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Filed: K-1 Visa Country: Wales
Timeline

What was the reason for seeking the extension?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I don't think he will be affected by this denial. It makes sense that they would deny the B2 extension with a pending AOS. I'm just curious since aleful mentioned it, does he have to leave if he receives a letter, even with a pending AOS?

Edited by Ian H.

This does not constitute legal advice.

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No, nor will they send any such letter.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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