Visitor visa and AOS

[tnutan]

I am a US Citizen and he has filled for Green Card for his Mother. Current status on I-485 says - On October 2, 2013, we received your response to our request for evidence and we will make decision in next 60days.  I have specific questions around the situation.  Following are the events with dates,

 7/5/2013     - Filed I-130 and I-485 which was received on July 10th 2013. 

8/7/2013     - Fingerprints on August 7th 2013

9/3/2013     - Second notice for Fingerprints as earlier had some issues

10/2/2013   - INS received I-864 (affidavit of support) and i-683 (medical)

11/12/2013 - Date of her return ticket.  She can extend it till Jan 2014.

11/22/2013 - Last day of her travel visa, stamped on her passport

 Question 1 - Can she legally stay beyond 11/22/2013 without doing any extra paperwork?

Question 2 - Do I have to inform immigration about this situation.  I am concerned as she might be staying beyond her visa, i don't want to get her into illegal status.

Question 3 - would it be safe to extend her visitor visa? if so how/where can i do it?

 

[pontevecchio]

You cannot extend her B2 status. The pending application with AOS KEEPS HER LEGAL. sHE CAN ONLY TRAVEL WITH AN ap OR AFTER GETTING THE gc.

[tnutan]

Thank you for the reply. What if AOS is denied ? how many days she has where she can legally stays? I don't see any reason it will be denied but wanted to make sure.

[JoeF]

Why do you think AOS could get denied? Unless there is something shady...

If it was denied, and the I-94 date is in the past, she would be illegal from that point on.

[pontevecchio]

As you are an USC her application cannot be denied in the absence of fraud. You cannot do anything about her B2. The pending AOS trumps everything else and even an overstay in B2 under other circumstances does not prevent her from becoming a PR via CP or AOS. Patience is the only solution.

[tnutan]

Thank you. There is nothing shady, it should go smooth but i was wondering if I should extend her B2 or not, since AOS is pending and B2 is expiring.

[pontevecchio]

1. B2 EOS WILL be denied in view of Immigrant Intent. Her visa may be cancelled .

2. She is not entitled to B2 extensions.

3. A waste of money.

4. A red flag.

5. The AG overrides all other considerations. Pending AOS is the Trump which cannot be overridden.

6. You should plan more for health care exchanges etc. as she will need Insurance eventually.