Green Card for parent after extension of B2 Visitor's visa

[iamhelp]

My mother came to US on B2 visitor's visa. Just before the 6-month date on I-94 was about to expire, we applied for the extension and it has been approved. She did not leave US during this period.

Now I would like to apply for her Green Card. I heard from several sources that it is recommended to apply for parent's green card while they are in the US. Is it safe to apply for her GC now or is it recommended to leave US and come back again on fresh I-94 after re-entry? I am concerned that she has already overstayed beyond her original I-94 date as her extension was in progress. When I applied for her extension, I had stated that she would leave within 4 months and that time is about to pass. I understand she has a new I-94 end date and she has been legally staying in the country. I don't want her GC to be rejected because just 3 months ago I sent a letter to USCIS that she will leave within 4 months and now I am applying for her immigration visa.


Is it recommended to apply both immigration petition I-130 and Adjustment of Status (AOS), I-485, together?

[HenPachKam]

Adjust of Status should be fine

From what you have described it sounds like you would be fine applying for her green card from within the US with adjustment of status.

The issue here would be when she formed the intent to apply for permanent resident status. If it was before you applied for the extension of her B2, that would be a problem because it would mean there was a misrepresentation to immigration in that application.

If you both decided to apply for her green card after you applied for the extension, then it should not be an issue. If you end up having an interview, it is possible an immigration officer could dig into this issue, just tell the truth about when she decided to apply for permanent resident status and explain how the timeline unfolded this way.

When you apply for adjustmentment of status as the US citizen child of a parent, you will submit all of the forms and supporting documents at once (I-130, I-485, I-765, I-131, I-864). If you want to learn more about the process generally you can find an overview here: https://hensonpachuta.com/green-card-for-parents