Applying green card for mother who is already in US on visitor's visa

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coolie_no_1

New Member
Hi,
My mother has 10 year multiple entry visitor's visa expiring in May 2008.
She is currently in US and was given I-94 valid for 6 months, which expires in June 2007.

I am a US citizen, and wants to initiate the Green Card (GC) process for my mother in a week or so.

The INS website states that when applying GC for mother who is already in USA, Form 130 and Form 485 can be filed together. My questions are:

a) If I apply Form 130 and Form 485 this month (i.e. March 2007), what happens to the validity of I-94, which is expiring in June 2007?
b) Can my mom continue to reside with me legally beyond the validity of current I-94 while I wait to hear the INS decision on her Form 130?
c) If answer to my question (b) is yes, then what basis can be used to prove that the stay beyond I-94 validity period is legal?

Thanks and best regards
 
coolie_no_1 said:
Hi,
My mother has 10 year multiple entry visitor's visa expiring in May 2008.
She is currently in US and was given I-94 valid for 6 months, which expires in June 2007.

I am a US citizen, and wants to initiate the Green Card (GC) process for my mother in a week or so.

The INS website states that when applying GC for mother who is already in USA, Form 130 and Form 485 can be filed together. My questions are:

a) If I apply Form 130 and Form 485 this month (i.e. March 2007), what happens to the validity of I-94, which is expiring in June 2007?
b) Can my mom continue to reside with me legally beyond the validity of current I-94 while I wait to hear the INS decision on her Form 130?
c) If answer to my question (b) is yes, then what basis can be used to prove that the stay beyond I-94 validity period is legal?

Thanks and best regards
Click to expand...

Assuming your mom was not planning to stay here when she came for a visit, here's the answers to your questions:
a) You forget about this I-94 - as soon as you get a NOA for your I-130 and I-485, it becomes null and void - your mom will only need to bring it to the interview, and the immigration officer will throw it out.
b) Yes - as soon as she gets a NOA for I-485, I-94 becomes useless and doesn't matter any more.
c) Again, forget this I-94 thing - filing AOS cancels any non-immgrant visas, except those with dual intent. A b2 is not one of them.
 
a) You forget about this I-94 - as soon as you get a NOA for your I-130 and I-485, it becomes null and void - your mom will only need to bring it to the interview, and the immigration officer will throw it out.
Click to expand...
they probably won't throw it out, but staple it to your case file.
 
Jewel12 said:
Assuming your mom was not planning to stay here when she came for a visit, here's the answers to your questions:
a) You forget about this I-94 - as soon as you get a NOA for your I-130 and I-485, it becomes null and void - your mom will only need to bring it to the interview, and the immigration officer will throw it out.
b) Yes - as soon as she gets a NOA for I-485, I-94 becomes useless and doesn't matter any more.
c) Again, forget this I-94 thing - filing AOS cancels any non-immgrant visas, except those with dual intent. A b2 is not one of them.
Click to expand...

Thanks for the very helpful feedback. I assume NOA stands for Notice of Approval; and in context of that, what happens if NOA for I-130 and I-485 doesn't come before expiration of the validity of I-94 (which expires in June 2007). Would it be required for my mom to leave the country; or can she continue to legally stay in US while her I-130 / I-485 is "under processing" but not yet "approved"? Thanks much,
 
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