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Can i file GC for my mother while her extension of stay is pending?

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  • Can i file GC for my mother while her extension of stay is pending?

    Hello,

    I recently became a US citizen in August. My mom is visiting me in US and had come over from India in Jan. Her I-94 was expiring in July, and we decided to file an extension I-539 for her in June'2017 to stay till end of Oct 2017. We received the acknowledgement but have not received a reply from USCIS yet.

    I want to file Green Card for my mom but i am not sure if i can file it now when we are waiting for the reply to her I-539.

    Can anyone please advise if I can apply for her GC or wait until a response for her extension is received.

    Thanks in Advance,
    Ram

  • #2
    Yes. As she is in the Immediate Relative category, she doesn't need to be in status to do Adjustment of Status. All that matters is that she entered legally.

    In fact, she shouldn't even have applied for Extension of Status, as it was not only a waste of money but required her to lie; she should have just stayed until you became a citizen and filed, no matter how long that took.

    This is my personal opinion and is not to be construed as legal advice.

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