Can my mom stay in the US if I only file the I-130? 9 Answers as of April 29, 2014

I am a US citizen. My mom came to the US as a B2 visa visitor (my father passed away last year). Her B2 visa and I-94 will be expired in two weeks. I want to file a petition I-130 form for her this week. I know I can file both the I-130 and I-485 at the same time but I want to file the I-130 first and file the I-485 after the I-130 is approved. My questions are, do I need to extend her B2 visa and I-94 after we file the I-130? Or do I have to file the I-485 for her to stay in the US while waiting for the I-130 application process?

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Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
You can't file to extend her visitor status and file an I-130 at the same time. (Or, you can, but it won't be approved the filing of the I-130 for her will show immigrant intent, and to extend the visitor visa she needs to show non-immigrant intent). The I-130 alone will not extend her valid stay in the U.S. Filing the I-130 and the I-485 at the same time will allow her to remain in lawful status while waiting for the adjudication of both.
Answer Applies to: Washington
Replied: 4/29/2014
Coane and Associates
Coane and Associates | Bruce Coane
For her to be semi-legal, you need to file both. If you file only an I-130, she will be out of status in 2 weeks.
Answer Applies to: Texas
Replied: 4/29/2014
Law Office of Adebola Asekun | Adebola O. Asekun
You should contact and experienced immigration lawyer before you do anything. It is precisely the possible consequences of the decision such as you are about to make that cause a lot of pain and unfortunate separation of families.
Answer Applies to: New York
Replied: 4/29/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
The filing of I-130 does not give her any status and does not protect her status while she is in the US. For that she needs to file I-485. Why not file it concurrently? That is what most people do in similar situations.
Answer Applies to: California
Replied: 4/29/2014
Law Offices of N.J. SAEH PC | Noel J. Saleh
You can do it that way, my only question is WHY? Your method will take substantially much more time. There is no benefit.
Answer Applies to: Michigan
Replied: 4/29/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    She has to leave the country before you do anything.
    Answer Applies to: California
    Replied: 4/29/2014
    Law Offices of Rizwan M. Khalid
    Law Offices of Rizwan M. Khalid | Rizwan Khalid
    You should file both 130 and 485 so she can stay here. If done correctly, she may get the work permit and advance parole to visit outside the United States.
    Answer Applies to: Pennsylvania
    Replied: 4/29/2014
    Rivas-Rivera Law Offices
    Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
    Since she entered the U.S. legally, she may remain here while the petition is pending. But, her B2 will not be extended under the present circumstances. Regardless, the I-485 should be filed along with I-130.
    Answer Applies to: Texas
    Replied: 4/29/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Your mom should stay in the US and file Form I-485 along with your Form I-130. That way she doesn't have to leave the US during the process. And if done correctly, mom can get a work and travel permit in a couple of months, and a green card in just under a year.
    Answer Applies to: California
    Replied: 4/29/2014
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