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Posted on 14 Mar 2009
Q.

I-130 Petition Approval vs pending I-485 vs I-539 Denial?

A) Mother’s I-539 visitor extension was denied 3/3/09.References pending I-130 “a visa is currently available and the record does not demonstrate applicant intends to depart US”. Advised to leave within 30 days. (I-94 expired 12/7/08).
B) I-130 petition was approved 10/23/08. We have done Biometrics. I-485 is pending. Note, I filed I-485 before receiving I-130 approval, which states a copy should be attached to I-485 – should I link now – how? Is she eligible to stay in US for AOS per this approval?
C) In the event she should exit US do I file I-824 and mark Box B in part 2 so that the visa is sent to the Consulate – is that where the I-485 AOS interview would be (vs original selection of San Francisco)?

Trying to see if any way she can stay in US for AOS?

Thanks.

User's Location: Bay Point, California, United States of America
Category: Family-based Green Card
Posted on 14 Mar 2009
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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