B2 visa expiration in 3 weeks - too late to apply for GC for parents?

[miamilover]

Hello

My parents' B2 visa is expiring in 3 weeks. They have a 10 year visa and are in their 7th year. They have made about 4 or 5 visits in the last 7 years and have never applied for extension. We just now decided to apply for GC.

Should I apply for extension while simultaneously applying for GC? At what stage of GC processing would they be considered as immigrants i.e. B2 visa not valid?

Thanks for your help.
-MM

 

[bigbull99]

NO,
Go a head and apply for AOS. soon, As long as you application is at the USCIS office before their I 94 expires you will be good. No , this has nothing to do with B2. Dont waste any time , make sure you send in all the documents right. It looks like you dont have much time to resend them if you needed to. I 130. I 485 I 765, I 864, G325A, and medical exam. I am olny worried about the medical exam, I dont know if you can get an appointment so soon. Good Luck.
I am not sure how it is going to look to USCIS officer if you file for extention and AOS, as it is they want every one to go through CP.

 

[BigJoe5]

Hello

My parents' B2 visa is expiring in 3 weeks. They have a 10 year visa and are in their 7th year. They have made about 4 or 5 visits in the last 7 years and have never applied for extension. We just now decided to apply for GC.

Should I apply for extension while simultaneously applying for GC? At what stage of GC processing would they be considered as immigrants i.e. B2 visa not valid?

Thanks for your help.
-MM

You must be a USC to file an I-130 concurrently with their I-485 (AOS) packets. Therefore, they will be immediate relatives of a USC (IR's). IR's need only to have made a lawful entry in to the U.S. and may still file even after the original I-94 expiration date (unless specifically precluded from adjustment based on a disqualified nonimmigrant visa type--B2's are elgible to file for AOS). An I-539 to maintain status only becomes and issue if an obligor has posted a maintenace of status and departure bond via form I-352 with ICE at the request of a Consular Officer (very rare these days) and then stops being an issue once the I-485 is filed.