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green card for parent with expired I-94

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  • green card for parent with expired I-94

    I am a US citizen, my mother resides outside the US, but she is in the US with tourist visa. I want to file Petition for Alien Relative (I-130) and Application to Register Permanent Resident (I-485) for her. But I will not have all the paperwork ready before her I-94 expires. I want her to stay in the US until she receives the green card.

    Has anyone filed for green card for a parent whose I-94 has expired? Does anyone know if an expired I-94 will pose any problems for the parent's green card application?

  • #2
    In that case, file for her visitors visa extension before the current I-94 expires.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Thank you for your response. Since I am abroad, I am afraid I will have to deal with this after my parent's I-94 expiration. Do you think this will keep me from obtaining approval of I-130 and I-485? Can I apply for an extension of I-94 after it has expired? Are there any other forms that you are aware of that I should be using? Thanks again.

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      • #4
        Hello there, if you manage to file for her before her I-94 expires it wouldn't matter after expire as long she stay in the country until she get her GC....and even if she stay illegal in the country she is still be legible for a GC because she is a immediately relative of a USC. But she can't leave the country and you must get this I-130 file yesterday!!
        Last edited by nebku; 11-21-2011, 06:26 PM.

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