Demise are you around?
 

I have the following question for you.

So, if my tourist permit (I-94 I think it is) and B1/B2 visa expired but while valid I filed for an I-130 and was approved, do I accrue unlawful presence while I wait for the visa allocations ?


Thanks.

Re: Demise are you around?
 

My guess is that while you're out of status, you will accrue unlawful presence...

Re: Demise are you around?
 

You start accumulating unlawful presence exactly 1 day after your I94 is expired, youll need a waiver if you have accumulated over 6 months of unlawful presence.

An approved I130 doesnt stop you from accumulating unlawful presence, BUT if you got DACA since before you were 18 and a half, and have maintain it valid, then you have no unlawful presence.

Re: Demise are you around?
 

I-130 does not give you legal presence, only a valid status, deferred action, TPS, pending AOS, pending asylum, deferred enforced departure, immigration parole, or an unexpired voluntary departure (and probably a few other things) do that.

So you will most likely need an I-601A to get a green card via this I-130.

Re: Demise are you around?
 

Thanks!