Legal Question in Immigration Law in Minnesota

Re: requesting extenition

Go ahead and request an extension for you Mom. While it is pending, your Mom will not be in "unlawful" status, okay. This may give you time to get your citizenship oath. As soon as you get your naturalization certificate, immediately prepare and file an I-130 for her, and, simultaneously have her file her I-485 and I-765, at the same time with the I-130. If your mother entered the country legally, and she has an extension, or a pending request for extension, she would be able to adjust her status while here. Should you not obtain you citizenship by the time the expiration period is over, you can still file the petition and application while she is here, if her "overstay" is no longer than 6 months. Good luck!

Re: requesting extenition

Assuming you are over 21, and the interview is in the near future, the better use of time would be to prepare the adjustment application for your mother so as to have it ready to file the day after you are sworn in as a citizen. If you have further questions please email my office directly. I will look forward to hearing from you.

Re: requesting extenition

We are located in Bloomington, MN and have helped many people in this situation. Feel free to contact me for more information.

Basically, your mother will not have to leave the country if you are over 21 years old. I would proceed cautiously when filing for an extension of her visitor status if it is her intent to seek permanent residence. The immigration service may later allege fraud or misrepresentation.

The law allows for an "overstay" to later adjust status to permanent resident based on an "immediate relative petition.