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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Applied for Extended Stay for My Mother (I-539)

    Applied for Extended Stay for my Mother (I-539) in August, 2011 and waiting for response, mean while I would like to apply 485 for my Mom. Currently I am having GC and will be eligible for Citizenship by end of next year. I am trying to keep her on legal status all the time and no or less issues with immigration.

    Here are my question:
    1. Can I apply GC for my Mom?
    2. Do I need apply labor first then I-140 then I-485?
    3. Once I become US Citizen, can I update this file with my latest status? Or I need to put new application?

    Any kind of help is appreciated.
    Thanks in advance for any suggestion.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applied for Extended Stay for My Mother (I-539)

    Only citizens can apply for parents. Citizenship takes time after one reaches the eligibility date; in some places, the delays have been known to exceed a year (from experience in my family).

    You and she are abusing the privilege she has been granted to visit the US by you attempting for her to live in the US on a visit visa. You have admitted to doing so on a public forum. You need to send her home immediately. There is absolutely no way that she can remain legally in the US for over another year.

    Your reason for the extension is inappropriate. If it is denied she will be illegally present from the date on her original I-94 and will have to leave anyway. Illegal presence makes her subject to possible detention and deportation. If you want to complicate her future green card, have illegal presence and a deportation order in her history.

    If you intend to become a US citizen, you need to understand that US laws apply to everyone - even your mother.

    If you do not understand the rules governing this, consult an attorney.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Applied for Extended Stay for My Mother (I-539)

    Thank you for note. Is there any other alternative approach or any other suggestion to keep her here...

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Applied for Extended Stay for My Mother (I-539)

    If she qualifies for an H1B or L1 visa she can come and work. In fact, if she is less than retirement age, she should plan to work after she gets her green card in order to have the most affordable health insurance.

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