Help: B2 duration of status ending while I-130 petition pending

[afrocraft 313]

What should I do? Here are the facts:

• My parents, both non-US citizens or permanent residents, are currently in the US on B-2 visitor visas. Duration of status for both expires in less than a month.

• My sister, who is a US citizen, recently filed I-130 (immigrant petition) for both our parents, but that petition is still pending. She has received the NOA1's.

• My sister did NOT concurrently file I-485 (adjustment of status) when she filed the I-130s.

What's the best course of action now? There's no urgency for my parents to return to their home country. If we filed the I-485s (and attached the NOA1s) before my parents' duration of status expires, will they retain legal status upon expiry?

Thanks!

Edited March 22, 2015 by afrocraft

[Darnell 8,478]

They will shift to a new period of authorized stay once sister has i-485 receipts in her hand.

[afrocraft 313]

They will shift to a new period of authorized stay once sister has i-485 receipts in her hand.

Thanks! That's good to know. Is there any urgency to file the I-485? We're not quite ready to do so -- must we file before the B-2 duration of status expires?

[Darnell 8,478]

For this type of adjustment of status, any overstay is automagically forgiven once green card is issued.