visitor visa extension before greencard application

[day_dreamer26]

My mother's I-94will expire in 30 days. I applied for her extension of stay but I learned online that the application was denied. Now I want to petition her for green card. First, does she need to have a visitor extension before I apply for her greencard? Second, can I reapply for her visitor extension, since she still have 30 days before I-94 expire?

[kabkaba]

You can file I-130 anytime. But in order to file I-485, she needs to have valid I-94. Consult an experienced attorney if possible.

[day_dreamer26]

You can file I-130 anytime. But in order to file I-485, she needs to have valid I-94. Consult an experienced attorney if possible.

Can I re apply for her visitor extension? I applied for extension on her 3rd month (out of 6 months of I-94 validity of stay), didn't submit a supporting document when I applied thru efile, and then checked online yesterday that the application was denied. She still has 30 days before I-94 expires. Can I still re apply for her visitor extension?

[kabkaba]

Yes, she can apply again before I-94 expires. Obviously if no supporting documents were submitted, it would be denied.
Remember she can stay in the US while the application is pending, but if it gets denied after I-94 expiry, her illegal stay will be counted from I-94 expiry and Visa will be void.
Also, I-485 can only be filed while I-94 is valid. Also, there are complications involved with immigrant intent during last entry and such, you should consult an experienced attorney for those.

[peace999]

Can I re apply for her visitor extension? I applied for extension on her 3rd month (out of 6 months of I-94 validity of stay), didn't submit a supporting document when I applied thru efile, and then checked online yesterday that the application was denied. She still has 30 days before I-94 expires. Can I still re apply for her visitor extension?

Immediate relatives of us citizens ( spouses, parents) can adjust status to PR based on I-130
even if they are out of any status.
Here she still has 30 days. File an I-130/I-485 in these 30 days and then she will be legal till her AOS is completed.
there is no need to file a B2 extension .

[day_dreamer26]

Immediate relatives of us citizens ( spouses, parents) can adjust status to PR based on I-130
even if they are out of any status.
Here she still has 30 days. File an I-130/I-485 in these 30 days and then she will be legal till her AOS is completed.
there is no need to file a B2 extension .

Thank you. I will file her I-130 and I-485 concurrently while she still has a valid I-94. We will not extend her I-94 anymore. We're seeing an immigration lawyer today and confirm these steps.

Thanks.

[ranga110]

Hi day_dreamer:
Did you mother's greencard get approved with no issues?