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Need to extend B2 while petitioned by son?

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  • Need to extend B2 while petitioned by son?

    My aunt's multiple entry B2 visa will expire Oct but her i-94 is valid until Dec, also her son, a US Citizen, will petition her. Can anyone tell us what should be done so that she will not be out of status? Thanks in advance.

  • #2
    My aunt's multiple entry B2 visa will expire Oct but her i-94 is valid until Dec, also her son, a US Citizen, will petition her. Can anyone tell us what should be done so that she will not be out of status? Thanks in advance.

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    • #3
      Her USC son may file I-130 and I-485 at the same time. On the INS website said "the parents may be eligible" I don't quite know in what circumstances will they not be eligible though.
      http://www.ins.gov/graphics/howdoi/parentapp.htm
      So, if the son can file both of that together she doesn't need to extend her I-94 or visa.

      According to form I-485 (Application to Register Permanent Residence or to Adjust Status) an immediate relative (like parents & spouse) of USC although out of status may file this.

      I think her son should file these ASAP. The INS will need a photo copy of her visa page so might as well file this before the expiration in Oct.

      Anyone else have a different opinion on this?

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      • #4
        Thanks, this seems logical.

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