My mom came to the U.S. on a B-2 visa on 04.Sep.2013. We applied for her I-130 and I-485 concurrently on 14.Dec. Fingerprinting is done. Her I-94 is expiring 04.Mar.2014. Do we need to apply for extension of stay (I-539), as we are waiting for I-485 interview?

Answer:

Individuals with properly filed I-485s are considered to be in a period of authorized stay in the U.S. Thus, there is no requirement to keep the nonimmigrant status. Moreover, in this example, there is a conflict between any claim to be a visitor and the filing of the I-485. The B extension, which is for a person who is planning to stay for a while and leave the U.S., would not be appropriate for a person who was trying to get a GC. I will note that a person who comes as a tourist and then, shortly thereafter, files the I-130/I-485 to stay in the U.S. may face some serious questioning by the USCIS at the adjustment interview. (24.Feb.2014)

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