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來源: 863211 2015-04-24 12:42:57 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1945 bytes)
回答: Thanks, one follow up questionbryanmeow2015-04-24 12:13:55
-The cutoff date for May is Aug. 1, 2002, so if your father's sister filed the I-130 on July 31, 2002 or earlier, then the priority date will be current in next month, May 2015. Otherwise, it is not current yet.

By the way, your parents can not stay in US longer than the I-94 expiration date unless they file I-485 before the I-94 expires.

Follow up question:

Their priority date was 8/2/2002 which is 1 day behind the current listing (what's the odd).
-Then, they can not file I-485v in May 2015 (useless to file it).


I know you said they cannot stay in US after I-94 (6/26/2015), but what if they can't get the current date by June, do I have to file B2 visa extension in June and then file 485 in July?
-Depends on when the priority date is current. The principle is that they have to have a legal status to file I-485. They can not file I-485  even if when the B-2 extension is pending(after the current I-94 expires). If their B-2 extension is approved and the priority date is current, then they can file I-485.


From my understanding B2 visa ext takes 45 days, that means they will be out of status from 6/26/2015 - whenever b2 ext is granted.
Or, from some previous posts here, they can file 485 while in US regardless of their Visa Status or I might be mistaken here.
-Not true for your parents' case because your father is sponsored by his sister, and your father is not the immediate relative of his sister (US citizen).
Immediate relative of a US citizen  = spouse, parents, or child < 21 years old of the US citizen, who have special advantages in immigration.
 

所有跟帖: 

Thanks! -bryanmeow- 給 bryanmeow 發送悄悄話 (0 bytes) () 04/24/2015 postreply 12:53:13

Will there be an interview for my parents and her sponser (my au -bryanmeow- 給 bryanmeow 發送悄悄話 (149 bytes) () 04/24/2015 postreply 14:27:39

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