B-2 visitor visa to GC

E

enamel

Registered Users (C)
Hi,

My mom is currently on B-2 visitor visa. Her I-94 expires in March 2015. I would like to apply for B-2 visitor visa extension for her. She wants to travel to more US cities during her extended stay.

However, I also want to apply my mom a green card once I become a US citizen - probably in August/September 2015.

Let's assume she successfully extends her visa to September 2015. Can I still apply her a GC in September 2015? Then she will stay in the US for more than 1 year. Is that still OK?
 
Yes. You can do it even after her I-94 expires. As she will be in the Immediate Relative category, she does not have to be in status at the time of filing for Adjustment of Status. You can do it as long as she is still in the U.S. (and not placed into removal proceedings).

Note that when she applies for Extension of Status, she will need to provide a statement on why her stay is temporary.
 
newacct said:
Yes. You can do it even after her I-94 expires. As she will be in the Immediate Relative category, she does not have to be in status at the time of filing for Adjustment of Status. You can do it as long as she is still in the U.S. (and not placed into removal proceedings).

Note that when she applies for Extension of Status, she will need to provide a statement on why her stay is temporary.
Click to expand...

Thank you so much for your help!

So it's better not to apply for extension of visa if I know I will apply her for green card later on?
Isn't it illegal to stay in the US if she's out of status? Would it be a bad record on her when she's applying for green card?

I'm pretty nervous about the fact that she continues to stay when her I-94 is expired.

Please note her I 94 expires in March and I won't be able to apply for her until September 2015.

Thanks again!!
 
You must log in or register to reply here.
Top