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B2 visa for mom; Green card application; Extension of stay - UPDATED post request

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  • B2 visa for mom; Green card application; Extension of stay - UPDATED post request


    Good evening,
    I have applied for green card for my mom (concurrent filing of i-130 and I-485), who is here on a B2 visa. I have received the receipt notice of both the I-130 and the i-485 and biometric in a couple of weeks. Are those two documents sufficient to file an extension of stay? Also, will that extension be valid until the green card processing completes? If there is already another thread with this details, I apologize for re-posting but would certainly appreciate being directed there.
    Thank you
    Last edited by torrentblitzer; 02-10-2022, 09:30 PM. Reason: Added tags

  • #2
    No, they should NOT apply for Extension of Stay. It is unnecessary as they can stay in the US for as long as I-485 is pending, regardless of whether they have status, and they do not qualify for it as they do not intend to stay temporarily and then leave.

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

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    • #3
      Thank you. Just to clarify, She doesn't even need to apply for extension ( rather should not since that is only applicable for temporary extensions -- I did not realize that. Thank you) but can just continue staying, right? Sorry if I am restating the obvious. Just don't want to misinterpret anything you have said.

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      • #4
        Yes, she can stay as long as she has a pending I-485.

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

        Comment


        • #5
          Thank you very much.

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