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Apply Greencard for parent who will be out of status on tourist visit

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  • Apply Greencard for parent who will be out of status on tourist visit

    My mother is in US under travel visa (6-month stay) and the last day on I-94 is end of this October. She would like to apply greencard with my sponsor while she is staying here to help to take care of my daughter. I am currently a green card holer and will be eligible to apply for US citizen next month. (been married to US citizen for 3 years)
    My mother would like to stay while waiting for applying green card instead of going back to China/HK. But her I-94 will expire before applying for Green card. Is this ok? Any other alternative?

    Thanks,

  • #2
    You can apply for an extension of her visitors visa. If she gets a 6 months extension then you might be able to apply for her green card before her new I-94 expires. But I would suggest do not let her become out of status before you file I-130. That might put her in trouble later on when she applies for adjustment of status.

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