Sponsoring Mom

[Dan2023 26]

6 hours ago, Noname93 said:

Filing adjustment of status puts you in authorized stay. That means the person can (and pretty much has to) wait out their time inside the US. If they leave before AP or the greencard is approved, the whole process is considered abandoned.

so does it automatically extend the 6 month stay of a normal b1/b2 visa ?

[Redro 4,611]

3 hours ago, Dan&Carol said:

so does it automatically extend the 6 month stay of a normal b1/b2 visa ?

No, B1/B2 is canceled and person has “authorized stay” and won’t accrue unlawful presence. She is ADJUSTING STATUS not EXTENDING STAY. She can stay in the US until the green card is approved or if she gets permission to travel(you have to file I-131).  It is similar to the K1 process. So, if your mom is already in the US and if she wants to STAY in the US more than she wants to go back to India and she has no need to return to India for about a year…. You can file the I130 and I485 at the same time. With documents to allow her to leave the US and to work. But, she cannot leave the US until she receives a travel document or her green card (whichever comes first). If she leaves the US before she receives permission she will lose her B1/B2 and she will have to stay in India until she receives an immigrant visa. 

Edited July 6, 2023 by Redro

[Dan2023 26]

19 minutes ago, Redro said:

No, B1/B2 is canceled and person has “authorized stay” and won’t accrue unlawful presence. She is ADJUSTING STATUS not EXTENDING STAY. She can stay in the US until the green card is approved or if she gets permission to travel(you have to file I-131).  It is similar to the K1 process. So, if your mom is already in the US and if she wants to STAY in the US more than she wants to go back to India and she has no need to return to India for about a year…. You can file the I130 and I485 at the same time. With documents to allow her to leave the US and to work. But, she cannot leave the US until she receives a travel document or her green card (whichever comes first). If she leaves the US before she receives permission she will lose her B1/B2 and she will have to stay in India until she receives an immigrant visa. 

got it thank you so much.