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  • Visitor's Visa Extension confusion...

    My mom is visiting us in US on a visitor's visa (B2). This visa was a 10 year multiple visa from June 2002 till June 2012. When she entered the US, on Sept. 21st 2012, she got her I-94 stamped for 6 months till March 21st 2012. The problem I am facing is that, I want to extend her stay to another 6 months, so I can get enough time to get her Green Card processed. But by doing that, she will go over the B2 visa date (June 2012).
    I guess she can go back to the home country on March 21st 2012 and go appy to get another B2 visa and then come back to US.
    Does anyone know if there is an easier way to do this ?
    Any help would be appreciated.
    Thanks.

  • #2
    Read https://www.immihelp.com/visa-stamp-...ration-in-usa/
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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    • #3
      Thanks for the quick response. I read through the Visa and Visa expiration date, but I am still a bit confused on what options my mom has. Do I need to apply for extending her stay (I-539) even though her Visa expires in June 2012 ? Or since her green card process is in the works, does she fill another form ? I just want to make sure she doesn't get into any illegal status that would jeopardize her getting the green card.
      Thank you.

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      • #4
        You have really not read https://www.immihelp.com/visa-stamp-...ration-in-usa/

        Read it completely.
        Immihelp Support
        No legal advice. Use at your own risk.

        Visa and Greencard Tracker

        Visitor Medical Insurance for your visiting relatives.

        Comment


        • #5
          Originally posted by naveen_sampson View Post
          Thanks for the quick response. I read through the Visa and Visa expiration date, but I am still a bit confused on what options my mom has. Do I need to apply for extending her stay (I-539) even though her Visa expires in June 2012 ? Or since her green card process is in the works, does she fill another form ? I just want to make sure she doesn't get into any illegal status that would jeopardize her getting the green card.
          Thank you.
          I assume she will be getting her GC as a parent of a US citizen. . First of all, visa expiration is not relevant once the person is inside US. Secondly, if you have already filed for an I-130 and an
          I-485 for her , you cannot apply for an extension of a visitor status . Due to a conflict in intent ( immigrant vs. non-immigrant).

          DO not worry, Immediate relatives of USCs ( spouses and parents )can adjust status to Permanent residence even if they become out of status.

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          • #6
            Thank you, peace999.

            I have another question related to I-485 Form. Part 2, Application type. Which choice is best suited for her ? I think it will be A. because B. through H. don't apply to her, but I would still like to confirm.

            Thanks.
            Last edited by naveen_sampson; 02-16-2012, 12:27 AM.

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