My case is:
I am a green card holder. My son came to US with B2 visa. I extended his B2 status for a few times (till we can file his 130, 485). In this september, we filed another B2 extension for him. In this october, his 130 priority date became current, so we filed his 485/765/131 based on approved 130 F2A. We received his 485/765/131 receipt later october. Also his biometric is scheduled on this coming Nov 8. Today (Nov. 4) we received his B2 extension application denial notice.
My question is:
Is my son out of status or is he still legal to stay in US?
-Yes because the B-2 extension denial occurred after he filed I-485.
if he is still legal to stay in US, what is his current status?
- It is "Adjustment of Status", a transition duration from non-immigrant status to immigrant status.
Does his B2 extention application denial affect his 485/765/131?
-Depends. If the I-485 was filed before the old B2 I-94 expired, then the extension denial will not affect anything. However, if the I-485 was filed after the old B2 I-94 expired, possibly the I-485 may be affected if the IO is very strict.
Thanks so much.
