Question: I am a Lawful permanent Resident and have submitted application for my naturalization.I am hoping to get citizenship within 4 month. My parents are here on B1/B2 visa and their stay is valid till June 2017 . I want to file their petition for green card right after I get my citizenship. So do I need to apply for extention of their stay while their petition in in process or Notice of action of petition will be valid to stay without stamping? Please advise.
Answer: Even though you have a plan to file for your parents later, we can not advice you letting them fall out of status on B2. They can get into deportation proceedings, if they are discovered to be here, past the expiration of their I-94. It is advisable to look at the reasons for extensions of the B2 carefully, prior to enable an approval. They may remain here while the extension of B2 is pending. The time you file their adjustment of status has to be examined and should not fall within 60 days of the request for extension of B2.