B1/b2 Visa And Marriage To Usc

[Readman]

my son in law(as of Aug.2010) is in us from Jam on a B1/B2 visa due to expire in Feb 2011.  He is married to a us citizen.  They are getting ready to file I-130.  He is 19 years old. What happens when visa expires?

[Jerrad]

Hi,

If the I-130 along with I-485(adjustment of status application) are filed concurrently, your son in law will be able to continue to remain legally in the U.S. after expiration of his I-94 in Feb. 2011. He will not be required to extend his I-94. In addition, when filed concurrently along with employment authorization application and advance parole document applications, he will receive EAD(employment authorization document) to allow for employment along with permission to travel abroad, if desired, while waiting to receive resident status in the U.S.

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