I-130 aos pending

[neel06 0]

i am asking this for my friend. she is a usa citizen and her father is elderly and has been visiting her yearly on a tourist visa. she decided to do I-130 and aos as she wants him to live with her permanently. I-130 got approved and he got his finger prints done too- they had to be done two times. anyhow, he is getting close to 6 month stay and according to his tourist visa he has to return. what happens now? can he get an extension stay while his case is pending? if he leaves will he have to return as soon as his interview is scheduled? please advise?

[aleful 1,905]

hi

 

he shouldn't leave, overstay is forgiven for parents of a USC who entered legally in the country

 

 

[JFH 12,190]

*~*~*moved from "bringing fanily members of USCs" to "AOS from work/study/tourist visas"*~*~*

[Tenreyro 174]

On 3/8/2018 at 7:30 PM, neel06 said:

i am asking this for my friend. she is a usa citizen and her father is elderly and has been visiting her yearly on a tourist visa. she decided to do I-130 and aos as she wants him to live with her permanently. I-130 got approved and he got his finger prints done too- they had to be done two times. anyhow, he is getting close to 6 month stay and according to his tourist visa he has to return. what happens now? can he get an extension stay while his case is pending? if he leaves will he have to return as soon as his interview is scheduled? please advise?

He is not illegal after the 6 months, he is right now a pending adjustment applicant, and he is allowed to stay in the country and move inside it, if he travels outside the US, his case will be dismissed and classified as abandoned, since he already filed for AOS. USCIS already filed the AOS or he wouldn't have had a fingerprints appointment.

 

If he must travel urgently for an emergency situation, you can make an infopass appointment for an expedited I-131 to get an Advance Parole. They can also file for I-131 on the mail if there is no emergency, but they both would like to have the option of advance parole. It would take several months before he hears a response.

 

In the meantime, they can get him an State ID card (depending the state), if a SSN is required, they can get a letter at the SSA that states he is not applicable right now for a SSN, and most DMV says that is all they need instead of SSN for AOS filers, that way he could have another kind of ID.

[Tenreyro 174]

He will only be considered as overstay if the case is denied. 

[azblk 338]

4 hours ago, Tenreyro said:

He will only be considered as overstay if the case is denied. 

It is very unlikely his case will be denied as  the parent of a USC. Even if he is denied he does not accumulate illegal presence as he has AOS pending. He should just stay put until called to interview. If i-130 already approved it is even likely that the interview will be waived.