Should I just submit the I-130 now, and once her stay reaches 60+ days we send in the I-485? 3 Answers as of September 26, 2014

I am a USC and my mom is on B2 visa here in the US having arrived last week. I have observed that her health (given that I am a Physician) may not be in great shape and may require some thorough medical evaluation. She visited the US with an intent to depart after her authorized stay, which expires in March, 2015. I know that she may require to undergo several medical follow ups which may take 12-24 months until completion (and that time, she'll be out of status). I am hesitant to file an extension when her stay expires because we may not have sufficient time to get a response from the USCIS before her status expires. I would like to rather petition for her as an immediate relative. She is not aware of my plans to petition for her and she may require some good convincing to stay in the US while her AOS application is still pending (which may necessitate us to petition for an Advance Parole for her travel in April 2015 for my sister's and bro's weddings, if she gets on board with all of this USCIS filings). Is it advisable for me to file the I-130/I485 concurrently one week after her arrival, without raising the hairs of the USCIS officials for misrepresentation/visa fraud during her interview? Thanks.

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SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
It's probably not advisable to do so this quickly. You should probably seek the guidance of an immigration attorney in determining the best course of action here. Your assumption that you need to have a response from USCIS before her status expires if you file for an extension is not actually correct, for example. She can stay legally in the US even if her I-94 expires if she has filed for an extension already until she receives a response if the response is a denial, or if approved, until the date on the extension approval.
Answer Applies to: Illinois
Replied: 9/26/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You cannot file I-485 a few weeks after her arrival as that would constitute misrepresentation and it will be denied for certain. You have to wait at least about 90 days to do anything like that. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 9/24/2014
Law Offices of Linda Rose Fessler | Linda Fessler
I would not file an extension. You will jeopardize everything.
Answer Applies to: California
Replied: 9/24/2014
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