should I file B2 extension for my Mom while applying her green card?

V

viva5

Registered Users (C)
Hi there,

I need some help from you guys:) I'm going to apply green card for my mom after I take the oath in early July. My mom is currently in US now. The expiration date on my mom's I-94 is 4 days after my oath.
If I file the I-130 and I-485 right before her I-94 experiation date(after my oath), will she be legel here in US after her I-94 expired? Or, Do I still need to file the B2 extension for her before her I-94 expired?
what would be the best way for me to do?

appreciate your inputs
Viva
 
viva5 said:
Hi there,

I need some help from you guys:) I'm going to apply green card for my mom after I take the oath in early July. My mom is currently in US now. The expiration date on my mom's I-94 is 4 days after my oath.
If I file the I-130 and I-485 right before her I-94 experiation date(after my oath), will she be legel here in US after her I-94 expired? Or, Do I still need to file the B2 extension for her before her I-94 expired?
what would be the best way for me to do?

appreciate your inputs
Viva
Click to expand...
There is no need to file for B2 extension for your mom even if you send the package a year after you become a citizen.
Read the instructions on I-485.
Good luck!
 
Thanks for your reply! Do you mean that even if her I-94 expired, I can still apply the green card for her?
 
viva5 said:
Hi there,

I need some help from you guys:) I'm going to apply green card for my mom after I take the oath in early July. My mom is currently in US now. The expiration date on my mom's I-94 is 4 days after my oath.
If I file the I-130 and I-485 right before her I-94 experiation date(after my oath), will she be legel here in US after her I-94 expired? Or, Do I still need to file the B2 extension for her before her I-94 expired?
what would be the best way for me to do?

appreciate your inputs
Viva
Click to expand...

Overstay for immediate relatives of a USC is forgiven, but dont take that for granted. You can file I-130/I-485 the day you get your naturalization certificate. Once you file I-485 and an A# is generated for her, she is in a valid legal status and cannot use the B visa anymore (so no use in renewing).
 
ari4u said:
Overstay for immediate relatives of a USC is forgiven, but dont take that for granted. You can file I-130/I-485 the day you get your naturalization certificate. Once you file I-485 and an A# is generated for her, she is in a valid legal status and cannot use the B visa anymore (so no use in renewing).
Click to expand...

Ari -
In this case, if they do not get their Notice (RD/ND) before the expiry of I-94, will it be a problem for his parent to apply and travel on I-131 (AP) before GC?

Would the extension of visa help, in the above case?
 
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Technically speaking one doesn't have to wait until they get the Notice with RD/PD/ND and A#. Receipt of the docs by USCIS before the I-94 expiration constitutes your AOS status. Based on this, one doesn't have to worry about travelling on AP. To be safe, keep the confirmation mail receipts until the beneficiary gets their GC.

OF course, if there is some gap between the I-94 expiration and docs received by the USCIS, then one has to be cautious about travelling outside of US without I-551.
 
jenimmi said:
Ari -
In this case, if they do not get their Notice (RD/ND) before the expiry of I-94, will it be a problem for his parent to apply and travel on I-131 (AP) before GC?

Would the extension of visa help, in the above case?
Click to expand...

This is a gray area subject. What if I-485 RD is after I-94 expiration date? Does it mean illegal stay in involved and trigger the 3/10 year ban when using AP? It is not clear. I would be on the safe side and not travel if it was me.

If one is really worried regarding overstay and wishes to use I-131 for travel, then the first logical step would be to extend the B-1, get a new I-94 and file the I-485 while in legal status. From what i read regarding time taken to approve extension of b-1, it could be 4-6 months. Others who have done it can reply.
 
That's a very interesting topic. I was thinking about apply for the I-131 together with I-130 and I-485 for mom. hummm, I guess I have to play safe. Do you guys know what would be the best way to send the document to USCIS's Chicago lockbox? Do they accept US post office's express mail? Is it ok if I mail my mom's application to USCIS the same day I receive the Nutrulization certificate(it sounds ok to me, but who knows what USCIS thinks)?

Do you guys know what is the average turnaround for I485 and I130? I went to San Diego's USCIS district office, there was a post said that I485 is roughly 8 month. But it also said the the approval N-400 is 8 month also. It only takes me about 4.5 month(oath next month) complete the N-400 process though.
Thanks,
 
That's what I was thinking Ari. Thanks for the clarification.

Viva-
I sent it by Certified mail - I think it comes with return receipt for proof. If not, then I requested Return Receipt. This might help in your case.
And yes, I've seen posts by other members who mailed out the I-485 package the same day they were naturalized.

The processing time varies - while for some it's only about 4 months, for others it takes longer. Like ours.. my Mom got her FP notice at the end of 4 months and still waiting for the next step, not even a RFE but there's a delay when comparing it to others in my DO - Newark. It all depends on your LUCK!
 
Thanks for all your inputs:)
By reading all above posts, the situation becomes tricky since I think most likely USCIS will give the RD after my mom's I-94 expiry...I really need to be cautious about letting my mom travel outside the US.
To apply for the extension is safer, if we have to wait for 4 month to get its approval, it'll delay 4 month to file I-485. And also, I heard the rejection rate of B2 extension is higher now. If somebody here has the B2 visa extension experience, would you please share?

Jenimmi,
thanks for your reply:) I heard somebody got her GC after 2.5 years of wait. Her son applied for her. She made correction of her age on her application after filed I130 and I485. That might caused the delay.
BTW, should I file the I-693 together with the I485?

thanks,
 
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