Filed GC for my mother, Finger printing notice received - Visa extension question


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Posted

Hello all,

I had filed Green card for my mother as AOS, while she is here on visitor visa. Recently, her inger printing has been done.

My question is that if her GC does NOT happen before her return date or I-90 date, shall I file for her visa extension?

Also, if her GC gets rejected and if she stays here beyond her return date, will it be considered as Over stay?

After finger printing, what are the next steps and when normally they inform about denial/rejection if any?

Also, after finger printing, what are the chance of denial/rejection?

Please share your knowledge and experience.

Thanks in advance.

Posted

1. You have also applied for AP for her??

2. Her GC cannot be rejected.

Yes. I have applied for her AP and EAD. So, basically I-485 and I-130 are filed together.

My question is once her GC is filed, what happens to her tourist visa? Can we extend it because if GC is rejected, at least she will have tourist visa.

Please let me know.

Thanks!

Posted

A tourist visa does not allow immigration intent, so one cannot hold a tourist visa and pursue permanent residency (green card). Having an I-485 filed and in process is most definitely immigration intent.

Posted

It is a misnomer to think that. As a mother of an USC and specially if the AOS has been filed after 3 months of arrival there is no come back. Again I say that as the Mother of an USC it is not possible to deny the PR. Let us be a bit realistic .

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