I-94 expired, can I still apply green card for my mom?

[home1121 0]

My mother's i-94 is been expired for 2 days. I finally got all her documents ready. Can I still apply green card for her?? Im US citizen. She has B2 visa. 

Im so nervous right now... I have everything ready.. I just dont know of its still ok to get green card for her.. I cant find information on USCIS site... Somebody please help me out... Thank you!

[Coco8 1,042]

yes, you can. It is better that she does not leave the US and you apply for AOS.

[home1121 0]

6 minutes ago, Coco8 said:

yes, you can. It is better that she does not leave the US and you apply for AOS.

Thank you so much!! She will not leave the US. I am just worry if they will count her as illegal and wont accept the applications...

[payxibka 10,047]

7 minutes ago, home1121 said:

Thank you so much!! She will not leave the US. I am just worry if they will count her as illegal and wont accept the applications...

Her overstay days will accrue but are forgiven upon completion of AOS

[Coco8 1,042]

8 minutes ago, home1121 said:

Thank you so much!! She will not leave the US. I am just worry if they will count her as illegal and wont accept the applications...

 

No, once you get the confirmation for the application, she is OK. Apply for the EAD and Advanced parole, because it is free. Even if she is not going to work, I would apply for her EAD because it works as an ID. 

 

AP would allow her to leave the country; you never know so it is good to have.

 

Both EAD and AP take ~ 4 months.

Edited December 22, 2017 by Coco8

[home1121 0]

13 minutes ago, Coco8 said:

 

No, once you get the confirmation for the application, she is OK. Apply for the EAD and Advanced parole, because it is free. Even if she is not going to work, I would apply for her EAD because it works as an ID. 

 

AP would allow her to leave the country; you never know so it is good to have.

 

Both EAD and AP take ~ 4 months.

Thank you so so much!! I did filled out EAD for her.

Another question, what if they deny her application. Can she still stay with us and apply again??

23 minutes ago, payxibka said:

Her overstay days will accrue but are forgiven upon completion of AOS

Will her overstay days affect her AOS?? 

Thank you!

[home1121 0]

23 minutes ago, payxibka said:

Her overstay days will accrue but are forgiven upon completion of AOS

Will her overstay days affect her AOS?? 

Thank you!

[payxibka 10,047]

Just now, home1121 said:

Will her overstay days affect her AOS?? 

Thank you!

No.  With the length of time for AOS to complete, most all applicants will accrue overstay days.  Overtstay days are forgiven as a courtesy to the USC

[Hypnos 6,578]

Overstay does not prevent an immediate relative of a US citizen from being able to adjust status.

 

An immediate relative is the spouse of, parent of (when the child is at least 21), minor child of (themselves under 21), or a widow/er of a US citizen (and the US citizen died within the preceding two years).

Edited December 22, 2017 by Hypnos

[Coco8 1,042]

5 hours ago, home1121 said:

Another question, what if they deny her application. Can she still stay with us and apply again??

Yes, if it gets denied you can apply again.

 

Keep an eye on your mailbox. You will get a NOA 1 confirming they got the application and a number to follow the application online.

 

Also, it is important to check your mail and make sure you don't throw out important letters. They could ask you for more evidence and you have to reply, or your application will get denied. 

[geowrian 22,338]

16 hours ago, payxibka said:

No.  With the length of time for AOS to complete, most all applicants will accrue overstay days.  Overtstay days are forgiven as a courtesy to the USC

Just to clarify, "overstay" is a general term used by people on VJ (and other sites). If one is referring to staying past the I-94 as "overstay", then this is correct. But it really has absolutely no practical meaning.

 

"Overstay" doesn't exist to USCIS (or the embassies). What they care about is unlawful presence. AOS grants authorized stay while the case is pending, which does not accrue unlawful presence. If you already have some unlawful presence, then it pauses the accrual of it.

So as an example, if somebody files for AOS while still in legal status then they do not accrue any unlawful presence no matter how long AOS takes (unless denied, then they start accruing it after the denial if it's after the I-94 expiration).

[home1121 0]

1 hour ago, geowrian said:

Just to clarify, "overstay" is a general term used by people on VJ (and other sites). If one is referring to staying past the I-94 as "overstay", then this is correct. But it really has absolutely no practical meaning.

 

"Overstay" doesn't exist to USCIS (or the embassies). What they care about is unlawful presence. AOS grants authorized stay while the case is pending, which does not accrue unlawful presence. If you already have some unlawful presence, then it pauses the accrual of it.

So as an example, if somebody files for AOS while still in legal status then they do not accrue any unlawful presence no matter how long AOS takes (unless denied, then they start accruing it after the denial if it's after the I-94 expiration).

So in this case, my mother already has 3 days unlawful presence. Can she still file the application for green card??

[geowrian 22,338]

1 minute ago, home1121 said:

So in this case, my mother already has 3 days unlawful presence. Can she still file the application for green card??

Yes. The overstay is ignored for AOS purposes as an IR of a USC.

Edited December 22, 2017 by geowrian

[home1121 0]

Thank you very much everyone!! I have mailed out the application today. Not gonna lie, I am still very nervous. But thank you so much for all the replies!