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I 485 filling for mother while in US on B1/B2 tourist visa

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  • I 485 filling for mother while in US on B1/B2 tourist visa

    Dear Sir, Madam
    I am US citizen and my mother in US on visitor visa . Her visitor visa stay 6 month get expired in July \20 and I applied for 6 month extension of stay in US. I have not received her extension, I 539 letter approval yet ;I have already received receipt for it. hre i
    Can I apply for her I 485 while she is here but her 6 month stay is already expired and new I 94 receipt we have not received. Its taking 6 to 8 months for Vermont. I really appreciate if you can advice. Thanks for your time

  • #2
    Yes, your mother can do Adjustment of Status (I-130 and I-485 would be filed). She is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) and does not need to be in status to file for Adjustment of Status.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      You can refer to this recent thread with exactly the same situation:
      Hi Guys, I am a US citizen. My parents B2 stay has expired and few weeks before it expired, I filed for their extension of stay. Besides the receipt, I have not received any notification for biometric. Taking in to consideration the (1) Trump's immigration ban and (2) B2 Extension of Stay pending, are they eligible for me to
      USC filed AOS for parents on B2. I am not a lawyer.
      Timeline
      2020
      7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
      8/4 <— Checks cashed
      8/5 <— I-797 SMS
      8/24 <— Biometrics completed
      10/19 <— I-485 ("New Card Is Being Produced")
      10/20 <— I-130 and I-485 ("Case Was Approved")
      10/22 <— I-130 and I-485 Approval notices received
      10/28 <— Green card#1 received
      11/07 <— Green card#2 received

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