Did I have chance to fill out the I-130 for my mother if her I-94 expire 2 mos ago without any problems?
Asked on Mar 10th, 2016 on Immigration - New Jersey
More details to this question:
After several entrance without any problems at this time she was coming to visit the family last Christmas and the I-94 expire on January 2016 . She is a retired 70 years old and i want to change her tourist statues and proceed to petition her . What do you recommended is the best step to fallow. Extended her stay to have enough time to be process her legalization or introduce first her I-130 without any problems.
If your mother is 70 years old and still in the United States, you would be best off applying for her adjustment of status here in the States if that is the wish of both of you. For that, you would not only be filing the I-130 petition, but also the I-485 adjustment of status along with all the other related forms and documents and filing fee. The fact that she qualifies as the immediate relative of a U. S. citizen exempts her from the requirement of maintaining status in order to file for adjustment of status to permanent residence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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