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  • help pls, anyone

    Please help me. This is the third time I'm posting this, and I hope somebody can help me.

    I entered the US in Feb 2000. My husband filed an I-130 petitioning me in July 15, 2000 a few days before my I-94 expired. I understand that if a petitioned was filed before April 30,2001, I can wait for the approval here in the US without going home to my country. My problem is this, I am now eligible to apply for an advance parole. I am concerned that I may have overstayed. Is my stay here for almost four years now legal and not counted as overstaying?

  • #2
    Please help me. This is the third time I'm posting this, and I hope somebody can help me.

    I entered the US in Feb 2000. My husband filed an I-130 petitioning me in July 15, 2000 a few days before my I-94 expired. I understand that if a petitioned was filed before April 30,2001, I can wait for the approval here in the US without going home to my country. My problem is this, I am now eligible to apply for an advance parole. I am concerned that I may have overstayed. Is my stay here for almost four years now legal and not counted as overstaying?

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    • #3
      Your husband filed an I-130 for you in 2000. Was he an LPR? You say you are now eligible for advance parole. To be eligible you have to be pending adjustment of status. When did you file for adjustment (I-485)? Is your husband a US citizen now, because F2 priority date is still 1998?

      Anyway, the date the I-130 was filed is only important for two things:
      1 Your priority date for preference category immigrant visas
      2 To qualify for 245(i)

      The I-130 has no impact on your status. The I-485, Application to Adjust Status to Permanent Resident, does. Count from the day your I-94 expired to the day your application for adjustment was received by Immigration. This is the time you are unlawfully present in the US. If it is 180 or more, then no advance parole for you.

      The Grand Poo-Bah
      Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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      • #4
        To The Grand Poo-Bah
        Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

        Thank you sooo much for the information. I filed my AOS just recently but afraid I've overstayed. I guess this means I will just have to wait for my green card. Thank you again.

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