Mom on B2, Considering Filing I-130/I-485

[dailydriver 0]

Hi Everyone

newbie here.......Like many times before my mother recently came to the US on a B2 visa but due to her advanced age, this time around I have convinced her to settle down here in the US with me. Her passport stamp is expiring in Jan 2014. If I file I-130 & I-485 concurrently for her before then, can she stay in the US beyond Jan 2014 without filing any other paperwork i.e. until USCIS makes a decision on her I-485 ?

If the answer is yes.......can somebody kindly point me to the relevant rule/clause on the USCIS website confirming the same.

Best Regards

[Mark88 185]

can she stay in the US beyond Jan 2014 without filing any other paperwork i.e. until USCIS makes a decision on her I-485 ?

Yes. She can stay until her case is decided. Remember, that you will have to proof, that she didn't have any immigration intention when entering the US.

If the answer is yes.......can somebody kindly point me to the relevant rule/clause on the USCIS website confirming the same.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

But better to follow the VJ guide, since it gives you all information: http://www.visajourney.com/content/k1k3aos

[dailydriver 0]

Mark88

Thanks for your reply.

I had also visited the same USCIS website that you have also pointed but cannot see where it says that it is okay to stay on while the I-485 adjudication is pending. Am I missing it ?

Regards,

Sohaib

[Umka36 781]

The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

Since you mentioned about your mom's advanced age; have you looked into health insurance for her already? It's going to be expensive, since she never paid into medicare.

[Boiler 48,238]

What does she do for Health Insurance, always a tricky bit.

She is OK having filed.