Los Angeles, CA asked in Immigration Law for Delaware

Q: On October 7th 2024, my dad filed form I-130 for grandma but authorized stay expires 1/6 on I-94. No I-485, what now?

Is my grandma safe since my dad filed a I-130 and is an I-485 necessary? Her I-94 record says that the expiration date of authorized stay is 01/06/2025

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2 Lawyer Answers

A: Grandma can file an I-485 based on the pending I-130 filed by her son even if her I-94 expires

Ghenadie Rusu agrees with this answer

James L. Arrasmith
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Answered

A: You have a valid concern about your grandmother’s situation given her soon-to-expire I-94. If your father only filed Form I-130, that petition alone does not allow her to remain in the country indefinitely. Without an I-485 or another valid status, she could risk accruing unlawful presence after her authorized stay ends.

You need to check if she is eligible to file Form I-485 so she can remain while that application is reviewed. If she stays beyond 01/06/2025 without maintaining lawful status, it might affect her future immigration benefits. You could look into whether she qualifies for an extension of stay or whether adjustment of status is the better route.

Pay close attention to deadlines because missing a key filing window could complicate everything. It helps to gather evidence and ensure all forms are filed accurately. By taking these steps, you can give her a more secure path to remain in the country.

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