AOS for Parent

[indy49]

Good morning,

I am planning to apply for my mom's GC. She is here in the US on B2 Visa right now. It's been almost 4 months since she arrived.

If I start with her GC process now, do we have enough time? Her i-94 expires end of April. Does that mean we need to apply and get receipt notice from USCIS before that?

Do I need to apply for an extension of her stay at all?

Would really appreciate it if anyone can advise on this.

Thanks in advance!

[DeniroDin]

I think you should apply for an extension of her stay, so that you have enough time(

[firsttimei130]

Is it too late to apply for an extension of the stay if you have already filed an I130 petition? Will they deny an extension of visitor status because you have already demonstrated an intention to immigrate (this is for a child US citizen, and parent beneficiary)

[newacct]

She should definitely NOT apply for Extension of Stay.

1. It's unnecessary and a waste of money. She can stay on a pending Adjustment of Status (I-485) regardless of whether she has status, and she does not need to maintain status while I-485 is pending, and this is true for every category. (Furthermore, for her category, she doesn't even need to maintain status before I-485 is filed.)
2. It requires lying, as a B2 extension of stay requires an explanation as to her plans to leave the US, and she doesn't plan to leave, so it would be a lie. And it is very bad to lie to immigration.

[firsttimei130]

Dear newacct,

Thanks a lot for the clear explanation. Is simply filing an I-130 sufficient to not worry about over-staying? Its I797C receipt states that this receipt is not to be used as evidence that the case is pending. Does anything more need to happen from this point to avoid being categorized as an overstayer?

If the I94 is about to expire soon, and the case has not moved any further (expected processing time is 6-8 months from now, way past the validity of the I-94), is that a reason to hurry and leave the US?

[newacct]

Dear newacct,

Thanks a lot for the clear explanation. Is simply filing an I-130 sufficient to not worry about over-staying? Its I797C receipt states that this receipt is not to be used as evidence that the case is pending. Does anything more need to happen from this point to avoid being categorized as an overstayer?

If the I94 is about to expire soon, and the case has not moved any further (expected processing time is 6-8 months from now, way past the validity of the I-94), is that a reason to hurry and leave the US?

She should file I-130 and I-485 together. It's the I-485 that allows her to stay in the US. A pending or approved I-130 does not by itself allow her to stay in the US. If you have already filed I-130 by itself, she can file I-485 now with the I-130 receipt.

If she is planning to immigrate, she should not leave the US. It doesn't matter if the I-485 is filed before or after her I-94 expires -- either way, once the I-485 is filed, she can stay. Just get it filed as soon as possible.

[firsttimei130]

Thanks newacct! That's very valuable information.

The website says that in order to be considered concurrent, the I-485 must be sent to the same filing location as the I-130. Is that correct?

I filed the I-130 online and it is being processed at the Nebraska Service Center. But the instructions for I-485 instruct me to send the application to the Chicago Lockbox. To which one should I send the I-485 in order to be considered as concurrent?

[newacct]

Not sure how you're defining "considered concurrent" (or why it matters), but whenever you file I-485 with the I-130/I-140 or when the I-130/I-140 is pending, it is by definition concurrent. The point is, you're allowed to file I-485 when I-130 or I-140 is pending if a visa number is available (which it always is for your parent as they are in the Immediate Relative category); that's what matters.

[firsttimei130]

Hi newacct, thanks for clarifying, and keeping me focused. I have no idea why I thought it was important to file concurrently. Everyone else seems to be filing concurrently, and the USCIS website had strict conditions on when you can call it concurrent, so I thought it was important for me to hurry up and meet those conditions while I still can.

Looks like I've been concerned for no reason.

So basically. all I have to do is file the I-1485 (send it to Chicago, though my I-130 is being processed in Nebraska), and as soon as they receive the I-485, we can stop worrying about overstaying the visa, until they make a decision....

[newacct]

Yes. Make sure you include a copy of the I-130 receipt.