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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3370
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Citizen. My mom is Hungarian, has a visitor visa years. She

Customer Question

I am US citizen. My mom is Hungarian , has a visitor visa for 10 years. She was here last year from May to December 7. We wanted her to come back and have some more time with grand kids. On December 29 she came back but got an I94 only until January 29. She will leave the country if she needs to but
1/ is there a way to extend her stay until June ?
2/ if no way to extend this stay how do we apply for a green card and how long does that typically take ?
Thank you
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 10 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

1. There is a possibility in extending it but it's not for certain that the application will be approved. You can definitely try. To do it You would submit an I-539 application found on USCIS.gov. She should send a letter explaining why she wishes to extend her stay. She should also provide documental proof of any ties she has back home as evidence that she does intend to leave in June such as property ownership, bank accounts, jobs, other children/spouse there. She can legally remain in the US until she receives a response as long as USCIS receives the application before January 29th.

2. To apply for a green card, you would submit the I-130, I-485, I-864, G-325a (one for you and one for her) I-131 (travel permit optional), I-765( work permit optional) all together with supporting documents.

Read the I-864 carefully and make sure your income qualifies, if not you need a joint sponsor.

Together with the forms you will also send:

-Immigration medical exam for your mom (Find a doctor at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV)

-2 passport style photos for you, 8 for your her (2 each for I-130, I-485, I-131, I-765)

-Checks or money orders $1070 and $420 ($1490 total) made to DEPARTMENT OF HOMELAND SECURITY

-Your birth certificate (with certified translation if necessary)

-Copy of your US passport biographical page

-Copy of her passport biographical page

-Copy of her I-94

-Copy of her birth certificate with certified translation if needed

AND - Your last tax returns and W-2

Make a copy of your whole packet for yourself. Mail the original to:

USCIS

PO Box 805887

Chicago, IL###-##-####/p>

This is the address if you want to do Express mailing:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL###-##-####/p>

All forms and instructions found on uscis.gov . On average it takes about 5-6 months for her to receive her green card, after filing it. She would receive a travel permit and work permit (if you send those applications also) in about 3-4 months after filing them. So she gets those first in case she needs to travel outside the US while it's pending. Otherwise she can't travel outside the US until she receives the green card or her application for her green card will be canceled.

Also just so you know, if her petition for extension of tourist visa ends up getting denied, she either has to leave immediately (within 10 days) or if not, she can still apply for the green card at that point even if the tourist visa is expired.

I know immigration issues sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with application preparation or review, I can send you an offer for this legal service to you for a reasonable fee later on. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind.

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jennifer Marie, Esq. replied 10 months ago.

Hello again..

It has been a few days since I sent you your answer. I am just checking whether you were able to view it and whether you had any follow up questions that I can answer for you?

Please let me know as I would like to earn your positive rating.

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