AOS for my mother

A

abhisk

Registered Users (C)
Hi,

I am a US citizen and my mother is in currently in USA on a visitor's visa. Her current visa expires on November 1st. If I apply for her GC (through AOS) now, is she eligible to stay here after 1st November even if she does not get her GC by then?

I would like to avoid filing for her visa extension since there is a risk of her 10-year multiple entry visa getting cancelled if extension gets denied.

I live in Chicago area. What processing times do I expect for her GC application?

Responses/Comments would be greatly appreciated.

thanks,
abhisk
 
abhisk said:
Hi,

I am a US citizen and my mother is in currently in USA on a visitor's visa. Her current visa expires on November 1st. If I apply for her GC (through AOS) now, is she eligible to stay here after 1st November even if she does not get her GC by then?

I would like to avoid filing for her visa extension since there is a risk of her 10-year multiple entry visa getting cancelled if extension gets denied.

I live in Chicago area. What processing times do I expect for her GC application?

Responses/Comments would be greatly appreciated.

thanks,
abhisk
Click to expand...
First of all, once a person files for AOS, once the I-485 is in process - he/she is in legal status. Secondly, the overstay is forgiven to immediate family members of US citizen - parents, spouse, an unmarried child under 21.
The processing time varies from 5 months to a year.
 
Hello Abhisek,

I just sent a PM message.
Hope you got a chance to look at it.

thanks
Lp
 
Hi there,

I'm not an expert on this but I do believe you have to file I-130 (Petition for Alien Relative) before you file for I-485 (adjustment of status). After you file I-130 you have to wait until a visa number is available for you before filing
I-485 and that usually takes around four years or more (I got mine in 4yrs). Filing I-130 does not mean you can stay in the with that case pending. They want you to leave the country and come back after a visa number is made available to you.
I hope that was of some help.
 
frey said:
Hi there,

I'm not an expert on this but I do believe you have to file I-130 (Petition for Alien Relative) before you file for I-485 (adjustment of status). After you file I-130 you have to wait until a visa number is available for you before filing
I-485 and that usually takes around four years or more (I got mine in 4yrs). Filing I-130 does not mean you can stay in the with that case pending. They want you to leave the country and come back after a visa number is made available to you.
I hope that was of some help.
Click to expand...
For immediate relatives of US citizens - parents, spouse, unmarried child under 21, the visa is available immediately, no waiting period. So, if a person in mentioned categories is in United States, I-485 can be filed concurrently with I-130: http://www.uscis.gov/graphics/formsfee/forms/i-485.htm#fba.
 
abhisk said:
Hi,

I am a US citizen and my mother is in currently in USA on a visitor's visa. Her current visa expires on November 1st. If I apply for her GC (through AOS) now, is she eligible to stay here after 1st November even if she does not get her GC by then?

I would like to avoid filing for her visa extension since there is a risk of her 10-year multiple entry visa getting cancelled if extension gets denied.

I live in Chicago area. What processing times do I expect for her GC application?

Responses/Comments would be greatly appreciated.

thanks,
abhisk
Click to expand...

I am curious to know whether it was planned to be this way --- did she really intend to come as a tourist? The proper procedure would have been to file I130 and once approved, apply for the visa at the consulate abroad.

Of course, I think you know this.
 
abhisk said:
I would like to avoid filing for her visa extension since there is a risk of her 10-year multiple entry visa getting cancelled if extension gets denied.
Click to expand...

If her extn gets denied, her 10yr multi-entry does not get cancelled.

If ur intention is not to file for her GC but u r doing so only as a workaround soln for the above problem, it is not a problem anymore.
 
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