Should I file an extension for her to keep her in status if my mother is visiting on a visitor's B2 visa which expires in early October? 6 Answers as of July 28, 2014

I plan to file I130 and I485 for her as soon as my N400 is approved which is expected also in October. There is a chance that her B2 expires before the approval of my N400. Should I take the risk based on the fact that according to some site that a waiver of inadmissibility for overstaying is not required for individuals who are immediate relatives? Immediate relatives are the parents, minor children or spouses of adult US citizens. These individuals, however, must have entered the US lawfully.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, you can do that but do it closer to the current expiration date of her B-2.
Answer Applies to: California
Replied: 7/28/2014
Coane and Associates
Coane and Associates | Bruce Coane
I always recommend that foreigners do their best to stay in status, as falling out of status makes the person subject to being arrested.
Answer Applies to: Texas
Replied: 7/25/2014
Law Office of Tripti Sharma | Tripti Sharma
These are some very serious decisions your parents will make. Do not proceed with any filings unless you run by your plan with an experienced immigration attorney.
Answer Applies to: California
Replied: 7/25/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You don't need to file an extension to petition your mother for a green card. As long as her last entry was legal, she doesn't have to maintain her status after that. Just make sure that she doesn't leave the US after applying without a travel permit.
Answer Applies to: California
Replied: 7/25/2014
Alena Shautsova
Alena Shautsova | Alena Shautsova
As an immediate relative she will be able to adjust even if she falls out of status.
Answer Applies to: New York
Replied: 7/25/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You cannot file an extension of status. In order to extend status, you must document the person actually intends to depart the United States. It is clear your mother has no intention of departing the U.S. but rather plans to seek permanent residence. This can lead to serious consequences. Your mother would be best advised to depart the United States in accordance with her authorized stay. You can file an I-130 once you have naturalized and she can receive an immigrant visa through consular processing.
    Answer Applies to: New York
    Replied: 7/25/2014
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