Need URGENT help - GC for Parent

[ds69]

Hi,

My mom is here on B1/B2 and her I-94 (although i dont seen any card issued, just a stamp) is valid till Dec 26. So it's only little over a month left since today is Nov 22.

Question: Can I still do concurrent filing (I-130+485) and she can stay beyond her I94 expiration date while the applications are pending or is it too late for that now and she must go back? I heard an anecdote that I-130 must be approved before the expiration of I 94, is that true?

Sorry if it's a repeat question but I did search a lot and dint find an answer to my specific situation.

PS: I'm a US Citizen

[rayb]

It's not true that the I-130 must be approved before expiration of the allowable I-94 stay.

Barring any evidence of ineligibility otherwise, you can proceed with submittal of the conversion package (I-130, I-485, and supporting documents).

--Ray B

Hi,

My mom is here on B1/B2 and her I-94 (although i dont seen any card issued, just a stamp) is valid till Dec 26. So it's only little over a month left since today is Nov 22.

Question: Can I still do concurrent filing (I-130+485) and she can stay beyond her I94 expiration date while the applications are pending or is it too late for that now and she must go back? I heard an anecdote that I-130 must be approved before the expiration of I 94, is that true?

Sorry if it's a repeat question but I did search a lot and dint find an answer to my specific situation.

PS: I'm a US Citizen

[ds69]

It's not true that the I-130 must be approved before expiration of the allowable I-94 stay.

Barring any evidence of ineligibility otherwise, you can proceed with submittal of the conversion package (I-130, I-485, and supporting documents).

--Ray B

Thank you Ray. SO i can proceed with the filing and she doesnt have to go back even if I dont hear anything from the USCIS before her i94 expiration, correct?

Also, she doesnt have a birth certificate, is that mandatory?

[satwal]

I am in same boat, Birth certificate is a must for you and your mom. Rest is all secondary evidence. I find out it's ok if her I 94 is expired, you can still file I 130 and I 485 for her with supporting documents including birth certificates. Correct me anyone if I am wrong on this.

[ds69]

I am in same boat, Birth certificate is a must for you and your mom. Rest is all secondary evidence. I find out it's ok if her I 94 is expired, you can still file I 130 and I 485 for her with supporting documents including birth certificates. Correct me anyone if I am wrong on this.

I'm looking at i-130 document requirements on the USCIS site, and it doesnt ask for Mother's birth certificate

6. A Mother: Submit a copy of your birth certificate showing your name and your mother's name.

I have my birth certificate although I need to check if it shows her name on it.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

[rayb]

You need a certified birth cert for mom.

--Ray B

I am in same boat, Birth certificate is a must for you and your mom. Rest is all secondary evidence. I find out it's ok if her I 94 is expired, you can still file I 130 and I 485 for her with supporting documents including birth certificates. Correct me anyone if I am wrong on this.