QUESTION
Can my mother stay while I file for her I- 485?
Asked on Jun 03rd, 2011 on Immigration - New Jersey
More details to this question:
I am a US Citizen applying for Mother who is in USA on visitors visa. She arrived 4 months earlier. 2 months left for her visa stay. Her I 130 petition is approved and I want to file I 485, and it takes 5-6 months for an approval, then will her stay till she gets her GC be considered an overstay?
5 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You should file the I-485 immediately and definitely before the expiration of her I-94. If you file timely, she will then be an applicant for permanent residence. There will not be any visa overstay. If there is any determination of such or any unauthorized employment, it will be forgiven by INA section 245(a). Please call me for details. Thank you.
Answered on Jun 08th, 2011 at 12:27 PM
If you file before her status expires, she has the right to remain while the I-485 is pending.
Answered on Jun 07th, 2011 at 3:13 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Yes she can file here but once she files she needs to remain until she get a travel permit or her permanent residency application. We would be happy to assist her and you with the process to maximize the chances of it going through quickly and smoothly. Contact me as indicated below if you would like a fee quote and/or a list of documents to get her case on file, timing, procedures, etc.
Answered on Jun 06th, 2011 at 10:09 AM
Immigration Court and Deportation Attorney serving Charlotte, NC
Partner at
Johnson & Nicholson, PLLC
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You should be able to obtain an extension on the tourist visa for another six months, which should cover the period of time that the I-485 petition is pending. You also want to check the priority date for the I-130 which helps calculate the time required to obtain a green card. If you have any questions, please do not hesitate to contact me. My office will be open tomorrow, Saturday, from 9am until 1pm.
Answered on Jun 06th, 2011 at 9:56 AM
2 Awards
Apply for an extension of her visa immediately.
Answered on Jun 06th, 2011 at 9:52 AM