Sun Prairie, WI asked in Immigration Law for Wisconsin

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

I filed I-130 for my mother (while she is in USA on visit visa)? She is 70 years old.

Her I-130 is still pending, however, her 6-months visit visa stay duration is expiring in few days.

I am preparing the I-485 (concurrent filing) but have not yet submitted as her birth certificate is in process of generation at the home country.

Can my mother stay in US beyond the 6-months of stay duration, while her I-130 is pending?

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

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.

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.