Question details
I am an American citizen. My parents received their 1 year multiple B-2 visa in Aug-09 and they came to live with me in Sep-09. I applied for I-130 for my mother in Oct-09. I received my mom's I-130 approval notice in Feb-10. And my parents are still in the States with me now. They were granted 6 months stay till Mar-10. My questions are:
1. Can my mom stay in the States beyond March and file I-485 status ajustment? Or should she go back to her home country and wait to be interview at the consulate?
2. I haven't applied I-130 for my dad. Can I file a B-2 visa extension for my dad and can he legally stay in the States after Mar-10 until the B-2 visa extension is granted or denied by Immigration? What form should I use for B-2 visa extension? Approximately how long does it take Homeland Security Immigration to grant or deny a B-2 visa extension case?
1. From what you have described, I see no reason why you cannot file for their I-485 and have them stay.
2. He can legally stay in USA as long as USCIS receives the extension request (Form I-539)before the expiration of his current status. He can stay till the request is decided or till the time for which the extension has been requested, whichever comes first. It can take several months for the application to be decided.
My question to Mr. Khanna was on B-2 visa application for my Mother while simultaneously applying for her immigrant visa petition and adjusting her status in the USA during her stay. Additionally, he has assisted me with my own Citizenship questions earlier. As always, Mr. Khanna provided me with valuable insights and information on how to proceed that would best benefit my situation and my Mother' case. What I liked most is, him being very punctual in getting back to delivering on promises and with accurate opinions. I applaud Mr. Khanna and his team for the work they are doing - helping so many people with their immigration needs. I would always feel comfortable knowing his services are excellent in getting the job done, on time! Thank you!