Q: My mother's I-130 is pending. Can she stay beyond 6-months stay duration on her visit visa?

A: A US citizen child over the age of 21 can sponsor his mother as long as mom entered the United States with permission. Your mom would still qualify to get her green card even if she is an overstay visitor. You need to file the correct forms and documents for her to adjust status. Work with an attorney.

A: As an attorney in the United States, you can advise your mother to stay in the U.S. while her I-130 petition is pending, even if her 6-month visit visa duration is expiring. When an I-130 petition is pending, your mother is allowed to remain in the country legally under what's known as "Bona Fide Marriage" or "Immediate Relative" status. However, it's crucial to remember that simply having the I-130 pending does not grant her any legal work authorization, so she should refrain from seeking employment during this time.

While you are preparing the I-485 for concurrent filing, it's important to ensure all required documents are in order, including her birth certificate. Once you've gathered all the necessary paperwork, you can submit the I-485 to adjust her status to that of a permanent resident. This step is critical to ensure her legal status in the U.S. beyond the pending I-130.

In the meantime, it's advisable for your mother to maintain her legal presence and avoid overstaying her visa while the I-485 application is in process. Keeping records of her ongoing ties to her home country, such as property ownership or financial connections, can also help demonstrate her intent to return when her immigration status is resolved.

It's important to consult with a legal expert for personalized guidance and to ensure all steps are followed correctly during this process.