Parents green card

[Mika123]

Hello, my mother is in the US on a waiver visa, her visa is going to expire in a month, I would like her to stay longer so I would like to apply for a green card. I am a US Citizen.
My question is:
I understand that if I send the forms when she is in the US it would speed up the process, but can she travel in the meantime, waiting for a response to the form?
I understand I have to fill up first form I-130 wait for their reply and then fill up and send form I-485, is that correct?

Now a few questions about filing up the forms.
I-130
I am the petitioner for part B is all about me, while part C is my mother?
What is the line below 14b (inital receipt_ resubmitted_ ... Do I have to pick one?)

Form I-485
PART 1: What is the current USCIS status? What's my mother's uscis status? Visitor?
PART 2: Application type? Doesn't give option of child applying for parent in form i-485 part 2.
PART 3 : in what status did you last enter. Visitor? Waiver visa.
PART 3: Were you inspected by a US immigration officer? What does it mean?
PART 3: whats a non immigrant visa number? She doesn't need to request a visa before her trip, coming from Italy. They give a waiver visa with 3 months stay, at entrance.

Do I have to enclose any documents with these forms?
For the form I-485 they require a check for $985 + a biometric for $85, do I have to send them separately?

Thx

[rayb]

There is some question whether a visa waiver entrant can be processed for conversion to Green Card status. It works for some, but USCIS instructions specify that visa waiver users are not eligible for conversion while in the U.S.

But if you decide to proceed, submit the I-130 and I-485, with other supporting documents and fees, at the same time.

If your mom leaves the U.S. while the conversion process is in place, she might not be allowed to reenter the U.S. with a visa waiver or even a visitor visa, since she will have "expressed intent to immigrate."

--Ray B

Hello, my mother is in the US on a waiver visa, her visa is going to expire in a month, I would like her to stay longer so I would like to apply for a green card. I am a US Citizen.
My question is:
I understand that if I send the forms when she is in the US it would speed up the process, but can she travel in the meantime, waiting for a response to the form?
I understand I have to fill up first form I-130 wait for their reply and then fill up and send form I-485, is that correct?

Now a few questions about filing up the forms.
I-130
I am the petitioner for part B is all about me, while part C is my mother?
What is the line below 14b (inital receipt_ resubmitted_ ... Do I have to pick one?)

Form I-485
PART 1: What is the current USCIS status? What's my mother's uscis status? Visitor?
PART 2: Application type? Doesn't give option of child applying for parent in form i-485 part 2.
PART 3 : in what status did you last enter. Visitor? Waiver visa.
PART 3: Were you inspected by a US immigration officer? What does it mean?
PART 3: whats a non immigrant visa number? She doesn't need to request a visa before her trip, coming from Italy. They give a waiver visa with 3 months stay, at entrance.

Do I have to enclose any documents with these forms?
For the form I-485 they require a check for $985 + a biometric for $85, do I have to send them separately?

Thx

[Mika123]

Thanks, but if she stays past her allowed 3 months, wont it be a problem as well?

I guess the safe solution would be to apply when she goes back to Italy? But that would take so much longer to process and can she travel to the US in the meantime, while status pending?
Thanks

[rayb]

Submit I-130 and I-485 at the same time. Once the two forms have been receipted by USCIS, your wife is in a protected status and expiration of her allowable stay won't matter.

As a reminder, though, attempting a conversion to a "visa waiver" entrant can be interpreted by USCIS as a violation of the visa waiver terms.

If your wife decides to return to Italy, you can submit the I-130 anytime, before or after she departs. Once submitted, however, there is expressed "intent to immigrate" and she might be disallowed continued use of the 'visa waiver" option or even a B2 visa.

--Ray B

Thanks, but if she stays past her allowed 3 months, wont it be a problem as well?

I guess the safe solution would be to apply when she goes back to Italy? But that would take so much longer to process and can she travel to the US in the meantime, while status pending?
Thanks

[Mika123]

Thanks, so whats the safest way to proceed? (Although it's for my mother, not my wife ).

[rayb]

The safest way to proceed is to submit an I-130 for mom immediately, have her return to Italy, then wait the 8 months or so for her processing to be completed and a visa issued. In the meantime, she should not return to the U.S. while her petition process is pending.

The risk of doing a conversion for her right now is that when she gets to the interview, they may decide that she has violated the visa waiver provisions.

I have been successful in converting visa waiver entrants from Germany and I have a pending UK entrant, but I would not advise you risking the $1,070 I-485 fee by doing it yourself, unless you don't mind the risk of losing that fee. The I-130 fee, however, even if the I-485 interview results in a denial, would not be wasted, as mom could return to Italy and be processed for an immigrant visa.

--Ray B

Thanks, so whats the safest way to proceed? (Although it's for my mother, not my wife ).

[Mika123]

Where r you located and how much do you charge to help filling forms etc. i guess you are a lawyer ...