Applying Green card when B2 VISA is near expiration

[ksvprasad]

Currently my mother is in USA. Her I94 date is up to Aug 2022. I would like to apply green card to my mom thru family based. I have USA citizenship. Question I have is, my mother B2 visa expires in October 2022. Is it good idea to start green card now or is it better if I do it after she return to India and get another 10 years of B2 visa and then start the green card process in her next visit. Thanks

[CananpalyM]

If you file the I-130 petition now, don't have hope it will be approved before the expiry of her visa because there is a huge backlog. Will she get an extension to her B2 visa beyond the expiry date?. But you may file I-130 now for Consular processing.

[newacct]

You guys can file I-130 and I-485 at any time and she can stay for as long as I-485 is pending. (Keep in mind that she won't be able to leave the US until she gets an Advance Parole or green card, or she will automatically abandon her I-485.) Visa expiry is irrelevant as visas are only for entry. Status expiration doesn't even matter. (In most categories, I-485 needs to be filed before her status expires, and she can stay while I-485 is pending even if she goes out of status; in her category, she can even file I-485 after going out of status.)

On the other hand, she should NOT enter the US on a B2 visa (on her next visit) with preconceived intent to file I-485 during that stay.

[ksvprasad]

Excellent answers. Thank you so much. Any idea what is the current processing time and best lawyers in the market to file 130&485?