Looking for advise - switching from B2 to AOS

[shiva_82]

Hi,

My mother in law is here in US on her B2 and her I94 expiry is this Friday. Her daughter (my sister in law) is a citizen and is going to apply for a GC for her through AOS. But we are in the process of collecting all the needed documents for applying. Meanwhile, we intend to request for an extension of her B2 status and my attorney is saying that we could give the reason for extension as applying for AOS. I believe this might be a contradicting reason to request for an extension of a non-immigrant visa with an intension to immigrate. And I'm not sure if it's an acceptable reason and if it will get rejected immediately.

Need your advise on this as I'm having to apply for an extension by tomorrow.

I'll appreciate any and all help you could provide.

Thank you.

[newacct]

Your mother-in-law should NOT apply for extension of stay. Not only is it unnecessary and a waste of money, but applying for B2 extension of stay requires a statement about her plans to leave the US, which would be a lie since she doesn't plan to leave the US.

Your mother-in-law does not need to be in status when she files I-485 in her category. She should file when she has all the documents ready. Of course she should try to do it sooner, as she is deportable in the period of time after her I-94 expires and before she files I-485, but whether she files I-485 before or after her status expires makes no difference to the adjudication of her I-485.

[shiva_82]

Thanks for your response. Is it best then to apply for AOS, approximately within the next 4 weeks even if she will be out of status for 4 weeks then?

[newacct]

Thanks for your response. Is it best then to apply for AOS, approximately within the next 4 weeks even if she will be out of status for 4 weeks then?

Yes, if that's how long it takes to get all her forms and supporting documents ready