Q: B2 visa. extension of stay applied not yet approved in process. should i submit an alien petition i-130 now?
A: It depends on who is going to file the petition for you.
A:
If you have applied for an extension of your B2 visa and it is currently in process, you should wait for the decision on your extension before submitting an alien petition Form I-130. It's important to maintain lawful status during your stay in the United States, and filing an I-130 petition could potentially complicate your situation.
Submitting an I-130 petition for a family member is a separate process from extending your B2 visa, and it may raise questions about your intent and immigration status. It's advisable to complete the extension process first, and once that is resolved, you can then consider pursuing the I-130 petition if you are eligible.
Consulting with an immigration attorney is recommended to ensure you make the right decisions based on your specific circumstances. They can provide guidance on the best course of action and help you navigate the immigration process effectively.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
