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OK83

I 485 filling mother while in US on visitor visa

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Dear Sir, Madam
I am US citizen and my mother in US on visitor visa . Her visitor visa stay 6 month get expired in July \20 and I applied for 6 month extension of stay in US. I have not received her extension, I 539  letter approval yet ;I have already received receipt for it. hre i
Can I apply for her I 485 while she is here but her 6 month stay is already expired and new I 94 receipt we have not received. Its taking 6 to 8 months for Vermont. I really appreciate if you can advice. Thanks for your time 

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

What is the nationality of your mother. Usually a visitor can only stay is usa for a max of 6 months and even with the extension your mother might have to leave USA and go back and then come again in usa to avoid over staying.


Service Center : Nebraska Service Center

Consulate : Islamabad, Pakistan

Marriage (if applicable): 2013-08-24

I-130 Sent : 2014-08-28

I-130 NOA1 : 2014-09-02

I-130 RFE : 2015-02-06

I-130 RFE Sent : 2015-02-20

I-130 Approved : 2015-03-03

NVC Received : 2015-03-28

Received DS-261 / AOS Bill : 2015-06-01

Pay AOS Bill : 2015-06-01

Send AOS Package : 2015-06-04

Submit DS-261 : 2015-06-04

Receive IV Bill : 2015-07-01

Pay IV Bill : 2015-07-05

Send IV Package : 2015-07-24

Checklist : 2015-10-06

Case Completed : 2015-11-11

Interview Date (IR-1/CR-1 Visa): 2016.01.21

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1 hour ago, OK83 said:

Can I apply for her I 485 while she is here but her 6 month stay is already expired and new I 94 receipt we have not received.

 

Yes, your mother may adjust status even if her I-94 has already expired.

 

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The I-485 is to adjust status to permanent resident here. Is that what she wants? Or is she just wanting to extend her visit? If she files the I-485 she will then be unable to leave the US for many, many months. How does that fit in with her plans? Does she have a job, etc to return to?


 

 

 

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i want to adjust her status for green card [ I-485 ]  while staying here. With all this Covid avoid traveling. Already flight cancelled many times. anyway. I already filed for her extension of stay I 539  but its taking long time for decision. Can I file her adjust status I-485 while her status of stay I 94 already expired . 

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Filed: AOS (pnd) Country: Russia
Timeline
35 minutes ago, OK83 said:

i want to adjust her status for green card [ I-485 ]  while staying here. With all this Covid avoid traveling. Already flight cancelled many times. anyway. I already filed for her extension of stay I 539  but its taking long time for decision. Can I file her adjust status I-485 while her status of stay I 94 already expired . 

you can file but she her adjustment of status is contingent on USCIS approving her extension approval. if the extension is denied than she cannot adjust and has to do consular processing. either ways burden is on you to prove that she didnt have pre conceived intent to immigrate.


31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

25-Nov-2020: EAD/AP Renewal Sent 

 

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Filed: Country: Vietnam (no flag)
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3 minutes ago, James120383 said:

you can file but she her adjustment of status is contingent on USCIS approving her extension approval. if the extension is denied than she cannot adjust and has to do consular processing. either ways burden is on you to prove that she didnt have pre conceived intent to immigrate.

Her adjustment of status is NOT contingent on USCIS approving her visitor visa extension.


A parent is an Immediate Relative of a US citizen.  She entered the US legally, so an overstay is not a reason to deny her adjustment of status.  

Edited by aaron2020

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2 hours ago, James120383 said:

if the extension is denied than she cannot adjust and has to do consular processing.

No. Extension is irrelevant since she is Immediate Relative of US Citizen. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. [2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

  • The applicant is now employed or has ever been employed in the United States without authorization;

  • The applicant is not in lawful immigration status on the date he or she files the adjustment application;

  • The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

  • The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

  • The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

  • The applicant has ever violated the terms of his or her nonimmigrant status.

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