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Concurrent AOS stage at which OK to continue staying

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  • Concurrent AOS stage at which OK to continue staying

    At what stage of concurrent AOS is it ok for Parent beneficiaries to continue staying even if their B-2 authorised stay ends?

    Can someone clarify this for me please?
    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


  • #2
    Once AOS (I-485) is filed, they are okay to stay.

    Even if their B2 authorized stay ends before they file I-485, they are thus "not okay to stay", it is still true that once they file I-485, they are okay to stay, and their being out of status doesn't affect their AOS.

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

    Comment


    • #3
      So, as long as I can get their concurrent application (I-130 and I-485 alongwith all the other stuff) delivered to USCIS lockbox before Sep 5 (hopefully much sooner!) we should be ok?
      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


      • #4
        Originally posted by verbose View Post
        So, as long as I can get their concurrent application (I-130 and I-485 alongwith all the other stuff) delivered to USCIS lockbox before Sep 5 (hopefully much sooner!) we should be ok?
        Yes, and even if it gets delivered after then, their AOS will be okay too.

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

        Comment


        • #5
          newacct Thanks!
          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


          • #6
            Try and file as soon as practical to ensure an underlying legal status in case the form is rejected by the lockbox.

            Comment


            • #7
              longee94 Thanks!
              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

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