Can my parents stay in the US?
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.
Hi, I first of all like to appreciate the generosity of Mr Rajiv in replying to my email within 15min and then giving the phone conference appointment for no cost since I am a student. He is definitely a great person who really makes an effort to sort out others issues. I contacted him to know how my mom who already have visitor visa, can stay in US on continous basis as my dad recently passed away and I am the only child. I knew what he had suggested others who were on H1 visas and had same issues (by listening to the record of past tele conferences), but wanted to confirm his opinion in my case. He said that I can also do visitor visa extensions in lieu of F2 visas, but he was hesitant as how would I support the medical expense. I understand his concern, but I would be contacting him again as I really want this to work for my mom. Anyhow, I am really thankful to him and his staff for being so supportive and understanding. Wish the entire team good luck and high success.