QUESTION
Should I let my mother over-stay after visitor visa's I-94 expires, so I can apply Green Card for her?
Asked on Jan 23rd, 2017 on Immigration - California
More details to this question:
My mother is in USA on visitor's visa. Her return flight is in mid Mar. I am GC holder, done with the fingerprints, and waiting for the naturalization interview. It might take up to 4 months for me to take the oath and apply GC for my Mother. What option should I take? (1) I let my mother overstay (thus going out of status), wait for my oath, and file her GC? (2) Extend her visitor visa stay for another 6 months, take my oath, and file her GC? Please help understand the pros and cons of these approaches and which one is safer?
1 ANSWER
You are asking attorneys to provide guidance about violating this country's immigration laws. Your mom should not overstay. She should depart in compliance with her authorized stay. You can always file an immigrant visa petition on her behalf after you have naturalized. Your mom should not file a request to extend her stay. She would be making a misrepresentation as she has no intention of departing the U.S. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Jan 24th, 2017 at 2:01 PM