Applying i 130 and 485 together for my mother

[Prakashsista]

Hi,I am citizen here and My mother is currently in US on visit visa visiting us. She got admission to stay till April 25th 2023 and have return ticket booked. However Her B2 visa is expiring on May 5th 2023.

Meanwhile I am planning to apply for her GC and started online i130 petition, not submitted yet. I read in the website that if the person is already in US, we can file both i130 and adjustment of status together, but my only concern is her B2 visa is expiring in 5 months and she will have to leave the country I guess and if I apply now and can she wait till she gets her gc and attend all biometrics and consulate interview visits in US without leaving to India? Wi there be any risk? What should be my best approach?

Thanks for support in advance.

[newacct]

First, visas are solely for entry and the visa's expiration date just means the last date one can use it to enter the US. The visa's expiration date has nothing to do with how long one can stay in the US.

Second, someone with a pending Adjustment of Status (I-485) can stay in the US for as long as the I-485 is pending. In fact, she cannot leave the US while her I-485 is pending until she is granted Advance Parole, or she would automatically abandon her I-485.

[Prakashsista]

Thanks for the email. When applying concurrent filing for i-130 and i-485 , can I file 485 with receipt number of i-130 alone? I don't have any visa number yet as i-130 is still pending?

[newacct]

Thanks for the email. When applying concurrent filing for i-130 and i-485 , can I file 485 with receipt number of i-130 alone? I don't have any visa number yet as i-130 is still pending?

Yes, I-485 can be filed while I-130 is pending, with a copy of the I-130 receipt. (Or I-130 and I-485 can be filed together.)