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Extension of stay and adjustment of status

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  • Extension of stay and adjustment of status


    Hi
    I applied for naturalization (form N-400) few months ago. I passed the biometrics and the interview and now I am waiting for the oath of allegiance ceremony. I know that I can not be citizen witjouth the Oath. My mother is visiting me for 6 months on a visitor Visa, I was planning to apply for adjustment of status ( form I-485) after I get my citizenship so she can be a permanent resident and stay here in the U.S. the problem is that her tourist visa is ending soon and she has to leave the country in less than a month at the same time , I am not citizen yet and the oath of allegiance probably will take 2 month at least . My question, can I apply for extension of stay ( form I - 539 ) so my mother would be able to stay for additional 6 months, during that period I would be able to get my citizenship so I can apply for adjustment of status ( form i- 485) or is it considered a fraud ? I want everything to be legal, no fraud no scam.
    Thank you

  • #2
    You can legally request for extension of stay, but before filing 485. Once her 485 is filed then you cannot file 539.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      Hello:
      (somewhat similar case)

      I am a US citizen, and have applied for my parents I-130 and I-485 (concurrently) while they are here in US (haven't received the receipt number yet).
      Their I-94 expiry date is within a month.
      Do I need to apply I-539 (Application to Extend/Change NonImmigrant Status) for them?

      Thanks in advance.

      Comment


      • #4
        No, if they receive their 485 receipt number before I94 expiry, then they can stay as AOS pending.

        But please note that until they get response for 485 (or AP in hand), they cannot re-enter into USA if they happen to leave USA.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment

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