Need advice on complex issues - Extension vs Adjustment of status

[kdn103]

Hello there,

I am posting on here today in hopes of getting some of my questions below answered so i can proceed with filing appropriate forms.

Mother-in-law who is widow and doesn't have anyone to take care of her in India so she is currently residing with us in San Jose. For the past 3 years, she has been coming to stay with us for 6 months and going back to india for 6months. She has been in compliance with all immigration laws. This is the third time she came to US. For the current trip, she entered US on July 8th 2016 and is authorized to stay until January 7th 2017. My wife and I just had a baby on Nov 7th and we desperately need assistance taking care of the new born and my wife for 6 to 8 months since my wife had to have c-section.

My wife submitted N-400 for citizenship on April 28, 2016 and we were hoping that she would become citizen and we would have enough time to file for adjustment of status for my mother-in-law but it doesn't look like she will be citizen anytime soon since USCIS keeps saying they are backed up and the case is not out of normal processing time.

With that being said, would it be best at this point to file for an extension (Form I-539) so my mother-in-law's authorized stay doesn't expire? (expiration date: Jan 7th 2017)

On top of all this, her Indian passport is expiring on Feb 6th 2017 and indian embassy will not allow her to renew her passport in the US unless she has valid I-797 (approval notice)

Appreciate your assistance and thank you very much for providing your thoughts on what is the best route to navigate through this complex situation.

[jnk]

I would suggest not to extend her stay this time looking at her prior frequent US visit otherwise when she comes to US next time immigration officer at the airport might deny her entry. She can go back to India, renewed her passport and once your wife becomes USC you can file immigrant visa for her.

Please read article below,

https://www.immihelp.com/frequent-visits-excessive-stay-us-visitors-visa/

[newacct]

She should not apply for Extension of Status, because to do that she would have to provide a statement of what plans she has made to leave the US after the extension, and that would be a lie if she intends to do Adjustment of Status.

She does not need to extend her status -- as she will be in the Immediate Relative category (spouse, parent, or under-21 unmarried child of US citizen), she does not need to be in status to apply for Adjustment of Status, when your wife becomes a US citizen.

Not sure about her passport. She doesn't need a valid passport to do Adjustment of Status, but she will need an ID to go to her biometrics appointment, and usually people use a passport for that. Can the Indian consulate issue a temporary travel document or something? Or maybe she can get some other kind of ID?