Seattle, WA asked in Immigration Law for Washington

Q: Do I need to file I-539 while I-130 is pending?

Immediate relative living with us on B-2 visa. Filed I-130, have receipt, under review. Do I need to file I-539 to extend her stay while I-130 is procession? Should I immediately file I-485?

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2 Lawyer Answers
T. Augustus Claus
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A: If your immediate relative is in the United States on a B-2 visa and you have filed an I-130 petition for them, they can generally stay in the U.S. while the I-130 is pending. The filing of an I-539 to extend their B-2 status may not be necessary if the I-130 is being processed in a timely manner.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If the immediate relative's B-2 status is set to expire before the I-130 petition is approved, filing Form I-539 to extend the B-2 status may be necessary to maintain lawful presence. The filing of I-130 itself does not extend or change the visa status. As for the I-485, it can be filed concurrently with the I-130 if a visa number is immediately available; otherwise, it should be filed when the visa number becomes available according to the Visa Bulletin.


James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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