Can I stay in the USA while waiting for I-30 confirmation? 3 Answers as of September 26, 2014

I am applying for a I-485 green card through my American step mom (married to my dad). She is going to petition for me applying with the I-30 form. I am 22 years of age, can she send the application form and have me leave the USA and then come back even if it still hasn't been confirmed? Or even better, can I stay in the USA while this process is being done, and I start filling in all my I-485 pages and documents and forms so it will be ready by the time the I-30 has been approved? Also, can I travel from Maryland to California during this process, if I decide to stay in the United States?

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SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
No, unfortunately, you cannot stay while the I-130 is pending. Furthermore, I'm not sure if your step-mom is qualified to petition for you. It will depend on when she got married to your dad. I highly suggest you and your step-mom and dad consult with an immigration attorney before filing anything.
Answer Applies to: Illinois
Replied: 9/26/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You cannot file I-485 until the priority date is current and if you are over the age of 21, you are not an immediate relative and it is going to take about 5-7 years for the priority date to become current. During that time, if you intend to remain in the US, you must be in valid status at all times. If your status lapses then even when the priority date becomes current you will not be eligible to immigrate. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 9/24/2014
Law Offices of Linda Rose Fessler | Linda Fessler
You cannot stay.
Answer Applies to: California
Replied: 9/23/2014
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