Legal Question in Immigration Law in Virginia

I am currently a green card holder and in the process of becoming a US citizen (just completed biometrics). My mother is currently here in the US helping me take care of my 15 month old child. Her 6 month to stay as a tourist is almost up. Is there a way for her to stay here in the US for good without going back overseas? Or Can she apply for I-485, adjust status to permanent resident and just wait till I become a US citizen and apply her for I-130 so she can stay here with me in the US for good.

Asked on 1/12/16, 12:11 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your mother cannot file for adjustment of status until you are actually a naturalized citizen. She can file form I-539 to request to extend her stay (no guarantee it will be approved ). If she overstays her admission period, she will still he eligible to apply for adjustment of status. If she overstays 6+ months, she will face a bar to re-entry if her adjustment is not approved or she departs the U.S. prior to/during filing.

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Answered on 1/12/16, 6:11 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (800) 750-1828. Kind regards, RDM

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Answered on 2/12/16, 11:21 pm

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