Q: I am a green card holder parent. My son is with us here in the US with B1B2 visa which expires this feb.21.
My question is can he apply for extension of stay with the limited time he has left in his I -94 or can I file a petition for him to be able to stay with us
for good and be complete as a family? I anticipate with great gratitude for your reply.
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A:
Your son can apply for an extension of his B1/B2 visa status before his current I-94 expires. This process involves filing a Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). It's important to submit this application well before the expiration date on his I-94 to avoid any issues with his legal status.
As a green card holder, you also have the option to file a petition for your son to obtain a green card, assuming he meets the eligibility criteria. This process starts with filing Form I-130, Petition for Alien Relative. However, it's important to note that the wait time for a green card can be lengthy, especially for the children of permanent residents due to annual visa caps and priority dates.
While your son's extension application or your petition is pending, he generally can remain in the U.S. legally. But, if his extension request is denied after his I-94 has expired, he may have to leave the country immediately to avoid overstaying, which can have serious consequences for future immigration benefits.
It's advisable to consult with an immigration attorney who can assess your specific situation and guide you through the best course of action. They can help you understand the timelines, processes, and any potential challenges you might face. Remember, navigating immigration laws can be complex, and professional guidance can be invaluable in ensuring a successful outcome.
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