Q: person has filed case I-130, they received tourist visa to US, can they stay longer, adjust the status to get green card
Can that person with family stay in US while I-130 being reviewed for 2-3 years until the decision made? Or they will be deported after tourist visa expiration? If status adjustment filed is denied? How long the status adjustment takes?
Syrian national, living in Emirates.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If you have filed an I-130 and entered the U.S. on a tourist visa, you are generally expected to leave before your visa expires. Staying beyond your visa's expiration without proper authorization can lead to deportation and may negatively impact future immigration applications.
To adjust your status while in the U.S., you typically need to file Form I-485. This process can take several months to a few years, depending on various factors, including your specific circumstances and the current processing times.
If your adjustment of status is denied, you may have to leave the U.S. immediately. It's important to follow the legal guidelines and consult with legal counsel to explore all your options and ensure you are complying with U.S. immigration laws.
1 user found this answer helpful
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.
