Can I apply green card for my mother while waiting her B2 (i-539) extension? 5 Answers as of December 30, 2014

I filed an visa extension for my mother on Sep 02, right before her I-94 expires. In October, I became a US citizen. I am hoping to apply for a green card for my mother while she is in the US. Can I file green card applications while still waiting for her I-539 reply?

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Alena Shautsova
Alena Shautsova | Alena Shautsova
Yes, you can. Her B status application will be abandoned.
Answer Applies to: New York
Replied: 12/30/2014
Baughman & Wang
Baughman & Wang | Justin X. Wang
Yes if you are 21 or older.
Answer Applies to: California
Replied: 12/29/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can file for your mother without filing Form I-589. Save your money. It takes about 10 months from start finish for the green card. As long as she entered the country legally, you can file fo her green card (regardless of her present status). So even if her tourist visa expires, she can stay throughout the process. And she can probably qualify to get a work/travel permit in about 10 weeks!
Answer Applies to: California
Replied: 12/29/2014
Coane and Associates
Coane and Associates | Bruce Coane
Yes, of course. If she is otherwise eligible, a USA citizen can certainly file the I-130/485 etc process for their mother while she is here.
Answer Applies to: Texas
Replied: 12/29/2014
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