We came to the us to visit my sick mother but her health is getting much worse and we decided to stay and file for a green card for my husband as she is totally alone with nobody to care for her. I need to know if my husband will be required to leave if his 90 visa expires before we get an answer I know that sometimes the cases can take up to 6 months to a year
if your husband departs the US will the adjustment of status is pending before he obtains advance parole the application for adjustment will be considered abandoned and denied. Before leaving the US consider speaking with an immigration attorney.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
If your spouse entered under the visa waiver program (WT) or a non-immigrant visa, then you need to speak with an immigration attorney to understand what the issues are if deciding to stay and wait for the process to complete and what the consequences would be if your husband leaves the US.
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