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

[Amitabh1514 0]

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)?

[Pitaya 2,576]

~duplicate thread removed~

[Hypnos 6,576]

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.

[aleful 1,905]

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

[Boiler 43,436]

What was the reason for seeking the extension?

[Mark88 183]

What was the reason for seeking the extension?

I guess so he could wait until his son become a USC.

[Ian H. 207]

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 October 27, 2014 by Ian H.

[Hypnos 6,576]

No, nor will they send any such letter.