I-589 C08 status can be filled by US Citizen concurrent I-130 & I-485

[Nighat]

My mother arrive in US via B-2 visa ( 5 years multiple Visa ) . As per I-94 stamp her stay can not be longer more than 6 month but she took Asylum in NJ.
She haven't get interview call yet as asylum bulletin she in queue till end of 2018. But last year she applied I-765 for Work Authorization and then she received EAD with C:O8.
(Noted : Since January 2017 her passport is expired but US multiple visa is valid )

Currently I became US citizen and wondering that can I file petition concurrent I-130 & I-485 for my mother who has I-589 (CO8) status, as waiting for interview call ?

I have some question which are bothering me, Looking advice or any person experienced with same case as I am right now.


1# It is save to apply concurrent I-130 & I-485 for her ? Does it will be approved while her case I-589 is still in pending?

2# Is there any condition apply that she must leave the USA after I concurrent I-130 & I-485 for herself ?
(Current passport is expired ).

3# What will be happen to I-589? once I gets response for I-130 visa available & I-485 proceed.

4# What will be happen if she get interview call from Asylum office while I-130 & I485 is in process?

5# Do I need to write a letter to Asylum office to withdraw I-589 if I get visa available from I-130 or I-485 petition been proceed, may I know when should I send these letter as well as to which mailing address ?

6# Once I send letter for withdraw to Asylum , what will be that status of my mother ?
Her passport is expired and as per I-94 stamp she cant stay longer more than 6 month, it is all date in 2015.
Once her Asylum withdraw she has to leave US right away ?

I don't want to send her back to home country as per us citizen I can apply for her but looking site aspect which are not covered.

Appreciate for any advice .....

 

[CWH]

Yes, your mother can concurrently file different applications. Based on the information you provided, I think your mother's AOS process should be completed before she would have an asylum interview. If I am not wrong, you will file I-130 for her under IR category, which is faster than any other categories, and should take less than a year befor your mother got a green card.

After AOS is complete, your mother can request to withdraw her asylum application.

 

[Nighat]

Thanks for the reply ...... and appreciated ...

By Tomorrow I will be sending mail to USCIS concurrent form I-130 & I485 with I-864, along with money order ( $535 for I-130 ) and ( $ 1225 = $ 1,140 for I-485 fees + $ 85 for Bio-metric fees ) pay to US Department of Homeland Security . I made 2 money order separately , one for I-130 and I-485.

Hopefully it work as you mentioned.

Only the panic thing for me is once sent out mail to Asylum office for Withdraw , what will be my mom status ...

 

[CWH]

i think to be sure, you need to check with a lawyer. as for me, as soon as the withdrawal request was received and processed, your mother would be out of status. so in my opinion, your mother can just leave the asylum application as it is until she receives the green card.