My mother has filed i-130 and i-1485 , Do I need to extend her B2 visa , while 485 is pending.
5 attorney answers
No. Your mother cannot extend her B-2 status as she clearly has immigrant intent.
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No, you do not. In fact, doing so would be a major problem. I would be more concerned with the RFE and whether there are any other mistakes made or that you are thinking of making. YOu should consult with a lawyer.
No. There is no need to extend her tourist visa. In fact, there would be an inherent conflict regarding "intent" if you file an extension application while having already filed an adjustment of status application. For a more thorough explanation, I recommend you schedule a consultation to speak with an experienced immigration attorney.
If a properly prepared I-130 and I-485 were received by USCIS prior to the expiration of your mother's authorized time to be in the US (as noted on her I-94 upon entry to the US), then your mother will not accumulate unlawful presence while her application is pending. By filing the I-485, your mother expressed an intention to become an immigrant. So, filing to extend the B-2 would conflict with that, because by requesting an extension, your mother would be stating that she wants to extend her NONimmigrant status.
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