Tweet
My mother arrived in the US in October 2020 for 6 months. However, I filed I-539 in February to extend her stay by 6 months until October 2021. This is the first time she has stayed more than 5 months since she got her visa in 2012 and she has visited almost every other year. I am a naturalized US citizen and I intend to apply for her green card. Her current B-2 visa is set to expire in early 2022. With these, I have a few questions.
1. Can I apply for her green card petition and I-485 now while she is still in the US?
If yes,
1a. Should I cancel I-539 once it is filed?
1b. Is there a duration in which I can apply? E.g.: 90 days after entry etc.
2. If I file for her green card, can she then ignore her B-2 status and stay beyond the time that visa allows? Or in other words, can she continue to stay in the US until green card adjudication and decision is complete?
3. Considering her visa expires in early 2021 and there is very little chance of getting her green card by then even if I apply now, does that put her in illegal status after the visa expiry date?
4. Is it better to just go to India (where she lives now) and apply for it at USCIS, New Delhi and visit a local consulate? This is not my preferred option considering she won't be able to travel to the US until it is granted.
5. Finally, should she go to India at the end of the extended 6 month period and then apply for an extension of B-2 visa and then come to the US and apply for green card then? If so, are there limits on the duration of stay before or after?
1. Can I apply for her green card petition and I-485 now while she is still in the US?
If yes,
1a. Should I cancel I-539 once it is filed?
1b. Is there a duration in which I can apply? E.g.: 90 days after entry etc.
2. If I file for her green card, can she then ignore her B-2 status and stay beyond the time that visa allows? Or in other words, can she continue to stay in the US until green card adjudication and decision is complete?
3. Considering her visa expires in early 2021 and there is very little chance of getting her green card by then even if I apply now, does that put her in illegal status after the visa expiry date?
4. Is it better to just go to India (where she lives now) and apply for it at USCIS, New Delhi and visit a local consulate? This is not my preferred option considering she won't be able to travel to the US until it is granted.
5. Finally, should she go to India at the end of the extended 6 month period and then apply for an extension of B-2 visa and then come to the US and apply for green card then? If so, are there limits on the duration of stay before or after?
Comment