Need advice with applying for mom's Greencard while in the US.

[Desichd]

Hello, my mom is in the US on a visitor visa and I would like to apply for her Greencard. She completes her 6 months in the US on the visitor visa in mid December 2022. Can you please advise if I can start her Greencard application now and be able to extend her stay beyond December or will she need to leave the US until her application is approved? Appreciate your time!

[Attorney_17]

Hello,

This depends on a couple of factors. Firstly, if you are a US citizen, you are able to file for your mother under the immediate relative category. This category always has a current priority date, which means that if your mother is eligible for a visa and the petition is approved, she will not be required to wait (other than due to processing times) to receive her green card.

There are two ways to receive the green card, adjustment of status, or the consular process. If your mother did not intend to file the adjustment of status when she entered via B-2, then an adjustment of status may be feasible. While the adjustment of status is pending your mother can remain in the U.S. even after her B-2 status expires and will be considered in a “period of authorized stay”. You can also choose to file pursuant to consular processing, but with this she must depart the U.S. by the end of her current status. Prior to deciding how to proceed it is advisable to speak directly with a U.S. immigration attorney.

 

If you have further questions, please reach out to schedule a consultation with one of our attorneys:

https://www.murthy.com/consultations/

[Berd and Klauss, PLLC]

Yes, you can apply for her green card. It would be approved if she is eligible for a visa, it will get approved. But I would also suggest you to consult with some good immigration lawyer before filling.