Jump to content
zainabihsan17

I495 received by USCIS. Visit visa to expire soon.

7 posts in this topic

Recommended Posts

My mother in laws I-495 has been received by USCIS. They will now let us know about her biometric appointment. She is right now in the United States and Her visit visa expires next week. Does she have to go back or she can stay now that her case is in the pipeline. My husband, her son, is an American citizen born here.

Share this post


Link to post
Share on other sites
Posted (edited)

A person who has filed a valid I-485 is granted "authorized stay" in the US while the case is being adjudicated......If she leaves prior to having a valid advance parole document, she will abandon that adjustment of status application.

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
6 minutes ago, missileman said:

A person who has filed a valid I-485 is granted "authorized stay" in the US while the case is being adjudicated......If she leaves prior to having a valid advance parole document, she will abandon that adjustment of status application.

I don’t think it’s a valid i485. We just received a receipt notice from uscis telling us that they received the documents and fees and they will let us know about her biometric appointment. the issue is that they took forever to get back to us and now her visa expires next week. Is she still authorised to stay even though her visa expires and as of yet no timeline available on biometrics? 

Share this post


Link to post
Share on other sites
1 minute ago, zainabihsan17 said:

I don’t think it’s a valid i485. We just received a receipt notice from uscis telling us that they received the documents and fees and they will let us know about her biometric appointment. the issue is that they took forever to get back to us and now her visa expires next week. Is she still authorised to stay even though her visa expires and as of yet no timeline available on biometrics? 

That I-797 is a valid receipt for the I-485.  She has "authorized stay" until a decision is made concerning her adjustment of status.


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
41 minutes ago, zainabihsan17 said:

I don’t think it’s a valid i485. We just received a receipt notice from uscis telling us that they received the document

Why would you say its not a valid filed application?


YMMV

Share this post


Link to post
Share on other sites
43 minutes ago, payxibka said:

Why would you say its not a valid filed application?

I’m assuming the definition of a valid i485 here means accepted. Her application decision is in the pipeline. So was wondering if it’s going to be trouble for her if she stays in the US even after visa expiry while USCIS deliberates. 

Share this post


Link to post
Share on other sites
6 minutes ago, zainabihsan17 said:

I’m assuming the definition of a valid i485 here means accepted. Her application decision is in the pipeline. So was wondering if it’s going to be trouble for her if she stays in the US even after visa expiry while USCIS deliberates. 

Once you understand that her departure constitutes abandonment of the application,  tbis means they must stay until a decision is made (or advance parole received).  An accepted petition is one that has been accepted for further processing 


YMMV

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...