Greencard filing after I539 Denial

[Chand2020]

Is it ADVISABLE to file for greencard (For Mother, by her US Citizen daughter)
after the mother received denial of extension pf stay I539 / B2 visa extension.

The eligibility is there but one of the reasons cited for the denial is, USCIS believes the person does not intend to return to home county. (Implying intends to stay in US and has an immigrant intent)

Appreciate a response.

 

[PraetorianXI]

Send her home and file for Consular Processing instead.

 

[Triple Citizen]

By applying for her GC, won't you do exactly what USCIS thinks?
Having said that, you can go either way. The AOS route or the CP route. Has her original I-94 expired already?

Implying intends to stay in US and has an immigrant intent

 

[Chand2020]

I-94 expired

First of all thank you for the responses.

Yes, the I-94 has expired about a month ago.

Among the 3-4 reasons cited for denial, one indicates they do not believe she has an intent to return. (Although she did intend to return, until they denied this extension, she as aware she could have filed and got GC)

So, eligibility wise she is ok, but is it ok or will USCIS hold a grudge against it and give problems for GC processing.

 

[Triple Citizen]

Since her I-94 has already expired, file for AOS. Good luck!!!

So, eligibility wise she is ok, but is it ok or will USCIS hold a grudge against it and give problems for GC processing.