Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

Have an important question! I'm us citizen, my mother has an

Customer Question
Hello! Have an important question...
Hello! Have an important question! I'm us citizen, my mother has an interview for the green card on Jan 5
Her husband (not my father) are married almost 2 years ago( before we applied for her green card)
My step father has a 10 year visa B2 his I-94 expires on Dec 16, today we have send I-539 for extension of say ,with all the supporting documents. My question, in case of denial, what will happen, and from Jan 5 (after my mother will have a green card) can she apply for her husband green card, while he is under pending I-539? His I-94 will be expired by this time. And if the visa extension will be denied ,he will have to leave US right away, what is the best steps to do to file for his green card.
Tank you so much for your help!
Submitted: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 2 minutes by:
12/8/2015
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,644
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Even if his extension request is approved, you understand that since your mother will not become a U.S. Citizen immediately, he still has to go home because it would take a year and a half for a visa to become available to him through your mother?

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
that I know:)
Customer reply replied 2 years ago
I know he will have to leave a few times during his waiting time for a green card, its important to stay in status!
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago

That's a problem. He won't be able to stay in the U.S. Why is it important for him to stay in the U.S.? Why can't he wait outside?

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
my mother will be here. it will be hard, but he can stay here with his tourist visa for 6 months and then leave and come again
Customer reply replied 2 years ago
we just worry about complications if the extension stay will be denied..(of course he will leave right away)
Customer reply replied 2 years ago
but what to do with applying for his green card,after Jan 5?his visa stay extension will be pending..and his I -94 will expire
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago

The problem is this, once she becomes a U.S. Lawful Permanent Resident and files an I-130 for him, it will take about a year and a half before a visa is available to him and he won't be able to extend his stay in the U.S. and then won't let him back in to visit because he has immigrant intent. So he has two choices:

1) Since the extension request has been filed already, he waits for approval or denial. During that time, your mother can file the I-130 for him after she becomes a Lawful Permanent Resident (LPR). If he is approved for the extension, he stays as long as he can and then if he overstays, he CANNOT overstay longer than 180 days or he will have a 3 year bar that he cannot come back even through his spouse unless he gets a very hard to get waiver. If he is denied the extension, similarly, he cannot overstay longer than 180 days. So basically, if the extension is approved and he decides to also overstay, he would probably be looking at being home waiting for 6 months or a little longer. If the extension is denied, he would probably be looking at staying home for about a year or so.

2) Once your mother becomes an LPR, she files an I-130 for him and an I-131 Re-Entry Permit for her. Then they both leave when he has to leave and she can go with him and the I-131 allows her to stay outside of the U.S. up to 2 years and not lose Residency status. Here is a link to the I-131:

http://www.uscis.gov/i-131

That was, with the second option which is safer, they can be together outside of the U.S. waiting.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
Thank you Guillermo!
So ,once again, my mother can file for him after she get's a green card, while his visa extension is pending, and his I-94 is out of date.That's okay?
Are you sure he will not be allowed to reenter to US with tourist visa, once we apply for his green card?
And what about after we file for his green card, and his I-I-539 form denied , he will move back to his country, what about his biometrics and ect.? will the fact that he will leave US reflect his application in any way?
Thank you so much for your help!!
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago

Yes, but he will have to leave the U.S. to get his own green card in the future and he cannot stay illegally in the U.S. longer than 180 days. And yes, I am sure that once they know he has immigrant intent, it will be difficult for him to be allowed into the U.S. as a visitor. The biometrics and such are handled outside of the U.S. through the U.S. Embassy.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago

Hello Tatiana. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago

Thank you for your kindness and respect. Good luck to you.

Ask Your Own Immigration Law Question
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,644
110,644 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

110,644 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
My H4 extension rejected due to documentation error and I-94
my H4 extension rejected due to documentation error and I-94 validity for 5 days only … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
Came on a J1-Work and Travel Visa.he overstayed the Visa by
John came on a J1-Work and Travel Visa.he overstayed the Visa by aprox 3.5 years. The he won the VISA LOTTERY. Altough his Lawyer gave him slim chances of success if he went back to his contry in Euro… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
I receive an I-94 at port of entry while entering US on an
Hi, I receive an I-94 at port of entry while entering US on an H1B visa. But my I-94 expiry date was set to Feb. 2018 when my passport was expiring and adjudicated until August 2019. Now on the online… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
I have a friend that overstayed and the overstay van from
I have a friend that overstayed and the overstay van from the US will end in November 2018 we are marrying in a few days and wondering can he now come to the US as my husband? We are gay men marrying … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
Case # src1490020920 i have not get my wife green card as
case # ***** i have not get my wife green card as yet gut need to if some wrong … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
My son need an application for green card. Not yet. My son
Good morning, JA: Hi. How can I help? Customer: My son need an application for green card. JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet? Customer: ye… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
Wilton I have a question about H1B and green card. My
Second opinion] Hi,WiltonI have a question about H1B and green card. My situation is like this:My OPT supposed to end on 06/09 this year, but my company filed H1B and my case got selected in lottery. … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My wife and I went to our interview for a green card. We
For Guillermo: My wife and I went to our interview for a green card. We were told that because we used my wife's maiden name (the one on her passport) on our I-485 application, they would have to do a… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
My boyfriend has received his green card a few month ago, if
My boyfriend has received his green card a few month ago, if I file a domestic violence complaint against him will he be able to keep his green card?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
I overstayed my visa now I'm married and about to go for my
I overstayed my visa now I'm married and about to go for my interview what question will I be asked regarding my overstayed visa will it be a problem? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My friend has a green card for more than 10 years in the
my friend has a green card for more than 10 years in the United States and she is 75 years old. is she eligible to be exempt from civil and English test if she applies citizenship?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
I have a question about H1B and green card. My situation is
Hi,I have a question about H1B and green card. My situation is like this:My OPT supposed to end on 06/09 this year, but my company filed H1B and my case got selected in lottery. So OPT was extended to… read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
Do I need to renew my Green Card if it was issued between
Do I need to renew my Green Card if it was issued between 1979 and 1988 but does not have an expiration date? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
If a Canadian has overstayed a visa in the U.S. and returns
If a Canadian has overstayed a visa in the U.S. and returns to Canada without the overstay being flagged at that time (a probability), is it likely that the overstay will be picked up later by US cust… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Is it possible to travel with my I-94 out of USA. I have
I have applied my permanent residence card ( green card) … read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
If im a derivative asylee and applied for green card but the
If im a derivative asylee and applied for green card but the princpal asyle havent applied for green card yet wil i get my green card … read more
Leena Kamat
Leena Kamat
Juris Doctor
96 satisfied customers
My ı-94 expires how can ı extend it, I held a green card for
I held a green card for over 10 years however in the last 14 years I resided abroad and entered at an airport with a lost passport and greencard … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,644 satisfied customers
Applications (like the Green Card application), what is
Hi. For Immigration applications (like the Green Card application), what is supposed to be provided as far as the documentation in regards ***** ***** taxes? Is it a COPY of the tax return from the pr… read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x