Q: Should I apply for I-539 or i-485? Or both?
Hi.
My mom has nonimmigrant visa(10 years).
This is her second visit to the US(she came here before on 2016) . I am US Citizen and I applied I-130 for her online. Her stay will expire next month and I want to extend her stay. I am a single mom, working full time and all my family is abroad. She is helping me and she wants to support me In my hard situation. I don't know if I can apply for I-539 for her or i-485? Or both?
I seek your advice please.
Thank you.
A:
The basis for the filing of the FORM I-539 may be difficult to justify according to the information in your posting.
For that reason, your mother should consider filing the FORM I-485 if she wishes to remain In the U.S. for an extended or permanent basis.
Good luck to you.
1 user found this answer helpful
A: A US citizen daughter can sponsor her mother for a green card provided that mom entered the United States with permission. Even if mom is in overstay status, you can still file for her and she could qualify to get a green card. The processing time takes roughly 10 months to 12 months. I would not suggest that she apply for any extension of her visitor visa if her real intent is to remain here and reside permanently. You should work with an attorney to make sure the case is handled competently and without delays or denials.
1 user found this answer helpful
A: If you file for an extension of her status (I-539) and it is denied, her 10 year visa will be automatically revoked. For that reason, it would be better to file for permanent residency/green card (I-485) before your mom's stay expires. If you filed for green card after your mom's stay expires, it would be ok as long as the green card was granted BUT it may cause her problems if the green card is denied. I would recommend hiring an attorney to help you with this but if you can't afford one then at least do a consultation to make sure there are no obstacles that you may be unaware of. Best wishes!
1 user found this answer helpful
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