Can my mother stay while I file for her I- 485? 6 Answers as of June 08, 2011

I am a US Citizen applying for Mother who is in USA on visitors visa. She arrived 4 months earlier. 2 months left for her visa stay. Her I 130 petition is approved and I want to file I 485, and it takes 5-6 months for an approval, then will her stay till she gets her GC be considered an overstay?

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Fong & Associates
Fong & Associates | William D. Fong
You should file the I-485 immediately and definitely before the expiration of her I-94. If you file timely, she will then be an applicant for permanent residence. There will not be any visa overstay. If there is any determination of such or any unauthorized employment, it will be forgiven by INA section 245(a). Please call me for details. Thank you.
Answer Applies to: Texas
Replied: 6/8/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes it will be considered an overstay but it will be automatically forgiven because she is your immediate relative since you are a USC. Your mother should file her I-485 ASAP. I see no problem in the horizon for her. If this is important to you, then please consult competent counsel and the process should be made very smooth for you. I always worry about the mistakes a layperson will make that can doom their otherwise good application to failure. Good luck!
Answer Applies to: California
Replied: 6/8/2011
Kuck Immigration Partners LLC
Kuck Immigration Partners LLC | Charles Kuck
If you file before her status expires, she has the right to remain while the I-485 is pending.
Answer Applies to: Georgia
Replied: 6/7/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
Apply for an extension of her visa immediately.
Answer Applies to: New Jersey
Replied: 6/6/2011
Johnson & Nicholson, PLLC
Johnson & Nicholson, PLLC | Carnell Johnson
You should be able to obtain an extension on the tourist visa for another six months, which should cover the period of time that the I-485 petition is pending. You also want to check the priority date for the I-130 which helps calculate the time required to obtain a green card. If you have any questions, please do not hesitate to contact me. My office will be open tomorrow, Saturday, from 9am until 1pm.
Answer Applies to: North Carolina
Replied: 6/6/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    Yes she can file here but once she files she needs to remain until she get a travel permit or her permanent residency application. We would be happy to assist her and you with the process to maximize the chances of it going through quickly and smoothly. Contact me as indicated below if you would like a fee quote and/or a list of documents to get her case on file, timing, procedures, etc.
    Answer Applies to: California
    Replied: 6/6/2011
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