Legal Question in Immigration Law in Texas

green card

My sister is a US citizen and she has filed my parents greencard who are currently staying with us in the US.

My mom has received her receipt notices for both I-130 and 485 and has also received a letter for finger printing.

For my father, we have received his receipt notice for 1-130 but have not received the receipt for 485. His visitors visa is valid till today.

Can he legally stay in the US since we have already filed his 485 but have not received the receipt?

Any help will be greatly appreciated.

Thanks a lot.

Sonia


Asked on 4/07/08, 11:02 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: green card

Overstaying is a violation of immigration law, and a lawyer cannot advise you to violate the law. Often however, there are simply delays which are unavoidable. If he overstayed, it would not defeat his green card. IF he has to leave, he has to leave before the expiration of 180 days. He needs to start contacting USCIS to determine the cause of the delay.

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Answered on 4/08/08, 8:11 am


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