Extending B2 for upcoming GC availability

M

ml_boston

Banned
I have a US Citizenship Oath scheduled for 5/8/08.

My father is in the US on B2 status, and has already extended it to 4/20/08. He would like to apply to extend his B2 to mid-May so that I can apply for his AOS on 5/9 while he is in the US.

This isn't listed as an acceptable reason for extension of stay on the I-539.

Could he apply for an I-539 explaining the scenario and promising to leave the US if anything goes wrong with my Oath process? While his I-539 application is validly pending, is he considered legal status for AOS? If so, what should we submit to prove his legal status on the I-485 (normally a copy of the I-94 but it would be expired)?

-ML
 
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He was admitted in July 07 for 6 months, we asked for an extension in December 07 for unrelated reasons. We chose 4/20/08 because his 10-year multi-entry visa will expire on 4/20/08. So the stay is still under 1 year.

USCIS was warning of a 16-18 month naturalization process when we extended in December 07, so at the time of the extension I didn't think I had a chance at AOS prior to him leaving.

Also another question, I have since read that overstaying a B2 is not grounds for denying a parent's (Immediate relative) I-485. What are the risks if I save the $300 extension fee, and just have him out of status for 3 weeks?

-ML
 
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