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Extend stay in USA after 180 days on B1/B2 visa while I-130 is pending.

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  • Extend stay in USA after 180 days on B1/B2 visa while I-130 is pending.

    Please help asap - I filed I-130 for my mother while she was on her B1/B2 visa visiting USA on October 4th, 2023. Application form I-130 is still actively reviewed by USCIS and has not been approved yet. Today her 170th day in USA. I did not filed I-485 yet. (I know I made a mistake)
    Is there any way she can stay in USA over 180 days (6 months)? Please advise.
    Should I file I-485 today? Or receipt of I-130 is enough evidence to be able to stay over 180 days?
    Thank you in advance,

  • #2
    A pending or approved I-130 does not allow her to stay. Only a pending I-485 allows her to stay. She should just file I-485 ASAP and stay. Whether her I-485 gets filed before or after her status expires doesn't affect the adjudication of her I-485. She should not apply for B2 extension of stay.

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

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    • #3
      THANK YOU SO MUCH newacct

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