Can My mother continue to stay while on B Visa.

[SonaliShankar]

My mother came to US on B visitor visa. We have filed for I 130 on 26Sep 2022 and have Fedex'd the I485 to USCIS (delivered on 15NOv 2022).
Can she continue to stay if her visa limit ends on 21NOv 2022. Please advise.

[shiva_82]

My mother came to US on B visitor visa. We have filed for I 130 on 26Sep 2022 and have Fedex'd the I485 to USCIS (delivered on 15NOv 2022).
Can she continue to stay if her visa limit ends on 21NOv 2022. Please advise.

Yes. She can continue to stay based on the pending 485 but she won't be able to leave the country without an approved AP.

[Enub4]

Did you send the I765 and I131 forms too? Even if your mother doesn't plan to work, having a work permit may help her get a driver's license (depending on the state) and with the AP (form I131) she can travel abroad during the process. Good luck.

[L1A_asp]

i read somewhere that u should not file AOS while on B1/B2...something to do with intent to immigrate (on b1/b2) bla bla bla...AOS may get rejected and she may be out of status ...something of that sort. Better to consult a good attorney.

some write up...https://www.peerallylaw.com/en/content/view/562

please take my post with a pinch of salt. I am no expert

[Enub4]

i read somewhere that u should not file AOS while on B1/B2...something to do with intent to immigrate (on b1/b2) bla bla bla...AOS may get rejected and she may be out of status ...something of that sort. Better to consult a good attorney.

some write up...https://www.peerallylaw.com/en/content/view/562

please take my post with a pinch of salt. I am no expert

I don't think is "should not file AOS while on B1/B2" but more like "you have a risk of denial if you file AOS while on B1/B2". There are many cases each year of people that successfully change their status from B1/B2 to permanent residents.

If you have a history of traveling using B1/B2 and then on one of your trips your children convince you to stay (as you didn't have plans to stay when you enter the USA and didn't know the intention of your children), then you should be fine. Is hard to prove that you had the intention anyway, that's why many people apply and get the GC. I'm sure some will get denied, but I guess it depends on the history and how they applied for the AOS.