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What if received I-485 Rejection Notice after current I-94 expires

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  • What if received I-485 Rejection Notice after current I-94 expires

    Dear all,

    I really need help! Could you please read below?

    My parents are currently in the US under B2 visa.

    On April 4, we mailed out the package to USCIS including I-485 and other forms.

    On April 7, USCIS received the package.

    On April 18, my parents’ most current I-94s expired.

    On May 7, my dad got Receipt Notices but my mom got Rejection Notices to her forms indicating filing fee not correct and some forms not included. We did pay additional fee that we are not supposed to. USCIS retuned one check of the additional fee paid under my dad’s application and received his applications, however USCIS rejected all my mom’s applications along with all checks. We are pretty sure all forms were included per request (essentially my mom application’s structure is the same as my dad’s. Very weird USCIS received one but rejected another...)

    Now we are ready to Resubmit my mom’s applications but we are concerned about the situation that my mom’s I-94 was already expired.

    Could you please advise: Based on the situation,
    1. If my mom can still Resubmit the applications
    2. should I concurrently file I-693 to extend her lawful status and explain the unexpected situation?

    THANK YOU VERY MUCH!!

  • #2
    Hi, This looks like an old thread, but could you please update your findings and experience about this?
    USC filed AOS for parents on B2. I am not a lawyer.
    Timeline
    2020
    7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
    8/4 <— Checks cashed
    8/5 <— I-797 SMS
    8/24 <— Biometrics completed
    10/19 <— I-485 ("New Card Is Being Produced")
    10/20 <— I-130 and I-485 ("Case Was Approved")
    10/22 <— I-130 and I-485 Approval notices received
    10/28 <— Green card#1 received
    11/07 <— Green card#2 received

    Comment


    • #3
      The fact your mom is out of status has no effect on her ability to file I-485 since she's in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). She should definitely NOT file I-593 for extension of status.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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