babu_dhobi Posted November 22, 2012 Report Posted November 22, 2012 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.
pontevecchio Posted November 23, 2012 Report Posted November 23, 2012 1. You have also applied for AP for her?? 2. Her GC cannot be rejected.
babu_dhobi Posted November 26, 2012 Author Report Posted November 26, 2012 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!
pontevecchio Posted November 26, 2012 Report Posted November 26, 2012 As a mother of an USC her GC cannot be rejected.
catx Posted November 26, 2012 Report Posted November 26, 2012 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.
pontevecchio Posted November 26, 2012 Report Posted November 26, 2012 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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