Immigration Law

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Hi, I have a question about green card processing

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My mother-in-law is in US in visitor visa and visa expiring on Mar 5th 2018. I am a US citizen. We wanted to extend her stay for few more months. Should i file an extension or is there an option to apply for greencard for her ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Which is the best case - Filing an extension or Applying for GC given the time left to stay in her visitor visa ?

Submitted: 3 months ago.Category: Immigration Law
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Answered in 5 minutes by:
1/4/2018
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago

Is your spouse a US citizen as well?

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Customer reply replied 3 months ago
My spouse is no more and passed away few months back. So my mother-in-law came for his funeral
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago

I'm so sorry to hear that. I'm sorry for your loss.

Unfortunately since she is not your mother, you won't be able to sponsor her for a green card. If she has any other surviving children that are US citizens, they can sponsor her.

Aside from that, yes you should go ahead and apply for an extension of her visitor's visa.

In order to do so you'll need to fill out and submit USCIS Form I-539.

You can find the form and instructions here:

https://www.uscis.gov/i-539

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 3 months ago
My brother-in-law is planning to apply GC for her. Given that her visitor visa is expiring on Mar 5th 2018, can he apply for her GC now without applying visa extension ?
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago

You should do both.

She'll need to return home while her green card approval is processing, and she'll have to attend an interview at the Consulate in her home country.

You can apply for the extension of her visa, and then submit her permanent residency petition.

I hope that helps! Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 3 months ago
I was in the assumption that my brother-in-law can apply GC for her now and while it is processing, she can stay here in US until she gets her GC. Am I right on this ?
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago

My apologies, that was my error. Yes, she can remain here in the US while the green card application is pending.

Here is a comprehensive list of the forms your brother in law will need to fill out and submit on her behalf:

Form I-130, Petition for Alien Relative
Form I-130A, Biographic Information
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-864, Affidavit of Support
Form I-693, Report of Medical Examination and Vaccination Record
Form I-765, Application for Employment Authorization (optional)
Form I-131, Application for Travel Document (optional)

Other supporting documents you'll also need to submit are:

  • two color photos, taken within the last 30 days, passport style
  • birth certificate, with an English translation if it's not already in English, and
  • required fee for the application and for biometrics


You can find all of these forms and their instructions here:
https://www.uscis.gov/forms

See also:
https://www.uscis.gov/family/family-us-citizens

If he's able to get this forms submitted before the extension of her visa, then there's no need to apply for the extension. He can still submit them even if she falls out of status (her visa expires), but it's recommended to get them submitted before.

I hope that helps! Let me know if you still have any questions.

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Customer reply replied 3 months ago
Thank you very much
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate, 5 stars are always appreciated, thanks!

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Customer reply replied 3 months ago
just 1 more question - Is marriage certificate of my mother-in-law required by any chance for GC processing? (my father-in-law is no more)
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago

No, it won't be necessary. Under the beneficiary information in Form I-130, you would check the box for widowed.

I hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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