Parent stay in US while GC concurrent processing

[pumesh]

Hello,

I am a US citizen. My mother (India citizen) is currently in US on B2 visa and her return flight is on August first week (178 days stay in US). After 90 days of her arrival in US, I have submitted I-130, I-485, I-131, I-693, I-765, I-131 and G-1145 (concurrent filling at USCIS chicago office). Last week, USCIS sent the acknowledgement receipts.

1. As B2 holder cannot stay more than 180 days in US, Is my mother require to go back to India in August? 

2. Do I have to file for stay extension using I-539?

3. What should i expect from USCIS so that she can continue her current stay in US (while her GC is processing)?

4. Any other actions we need to take?

Thanks in advance.

Regards

Umesh

 

[rajee_nair]

I have the same question which UMESH posted.

[JoeF]

A pending I-485 keeps her legal. No need to file anything. The I-485 receipt notice is all she needs.

Edited June 21, 2021 by JoeF

[WattMan]

On 6/16/2021 at 1:23 AM, pumesh said:

Hello,

I am a US citizen. My mother (India citizen) is currently in US on B2 visa and her return flight is on August first week (178 days stay in US). After 90 days of her arrival in US, I have submitted I-130, I-485, I-131, I-693, I-765, I-131 and G-1145 (concurrent filling at USCIS chicago office). Last week, USCIS sent the acknowledgement receipts.

1. As B2 holder cannot stay more than 180 days in US, Is my mother require to go back to India in August? 

2. Do I have to file for stay extension using I-539?

3. What should i expect from USCIS so that she can continue her current stay in US (while her GC is processing)?

4. Any other actions we need to take?

Thanks in advance.

Regards

Umesh

 

My $0.02 -- B2 is not a dual-intent visa hence over-stay may be an issue that comes up - the pandemic has created unique never-before situations for a lot of people so cannot really comment how they may react/respond (if they do at all!) - best to talk to an experienced attorney

On 6/21/2021 at 9:32 AM, JoeF said:

A pending I-485 keeps her legal. No need to file anything. The I-485 receipt notice is all she needs.

I believe @JoeF is correct here but her B2 visa (and thus the intent of entering US) may be challenged by the adjudicating officer - again would recommend talking to an experienced attorney