My tourist visa will expire meanwhile i'm waiting for my visa bulletin date. If I stay longer then my visa I will by illegal or not? because I have applied for I-130 that was approved.
3 Answers from Attorneys
Hello. The approval means that Department of Homeland Security (DHS) is safisfied that the required relationship between the petitioner/sponsor and the intended beneficiary exists. Approval is not the green card. Please have an attorney review your documents and advise you.
Tricia Dwyer Esq
Tricia Dwyer Esq & Associates PLLC
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IMMIGRATION - VISA LAW
If you are not in the "immediate relative" category, which I assume you are not, since you have not filed for adjustment of status, then you would be required to maintain a valid non-immigrant status until your priority date becomes current. If not, any periods out of status could lead to a bar to adjustment.
However, you should have an attorney review your documents, since you have not provided enough specific information.
You don't give quite enough information regarding the basis of the filing of the I-130 immigrant visa, but it sounds as though you will likely need to depart the US when your visitor status is up as it doesn't sound as if you are an immediate relative.
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