Immigration Status when I130 is filed

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going2paris

Registered Users (C)
My mom came here in October 2016 and we applied for an extension after 6 months. Just then dad passed away and I applied for her green card (i130 only), didn't apply for Adjustment of status then.

Is he status legal here since her i131 application is pending?

Can I apply for adjustment of status now?

If she wants to travel to india now can she?
 
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going2paris said:
My mom came here in October 2016 and we applied for an extension after 6 months. Just then dad passed away and I applied for her green card (i130 only), didn't apply for Adjustment of status then.

Is he status legal here since her i131 application is pending?

Can I apply for adjustment of status now?

If she wants to travel to india now can she?
Click to expand...

The best scenario in case your mom came in a tourist visa is to complete the request via Case Processing with the U.S Embassy in India. Probably others can shed some light in terms of the AOS.
 
going2paris said:
My mom came here in October 2016 and we applied for an extension after 6 months. Just then dad passed away and I applied for her green card (i130 only), didn't apply for Adjustment of status then.

Is he status legal here since her i131 application is pending?

Can I apply for adjustment of status now?

If she wants to travel to india now can she?
Click to expand...
If she is in the US, yes, she can file I-485 for Adjustment of Status now, with a copy of the I-130 receipt. Filing I-130 by itself doesn't give her any status and doesn't allow her to stay in the US; once she files I-485, she can stay in the US for as long as her I-485 is pending.

She cannot leave the US while her I-485 is pending or she will automatically abandon her I-485, unless she is granted Advance Parole prior to leaving. She can apply for Advance Parole for free with I-131 at the same time as filing I-485, and it takes about 4-5 months to get. (She can also apply for an EAD for free with I-765 at the same time, and if she applies for both EAD and AP, they will both come on the same card.)

That means she has to plan to not be able to travel to India for at least 5 months if she does AOS.
 
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