AF User

Hi all,


I'm a US citizen. I wanted to file PR for my mom.

Recently my mom's recent entry to US I-94 card (on B2 visa - multiple 10
years) was marked with
'No COS/No EOS'.

Even she DID NOT overstayed and made sure she leaves the US before the
deadline is met every time, the
point of entry officer said that she has stayed longer in US than outside US
for the past 12 monnths
and questions her intent.

The longest time she stay with an approved B2-extension is 8 months, she
left the country for 30 days and come back, hence the
officer immediately questions her intent because she would like to stay with
us for another 6 months and during this time, I would like to file for her
PR but she did not tell him of this at the point of entry.

My questions are:

a) Can I file for her I-130 now (with I-94 still valid for 175 days)?

b) Should I file for the I-485 later (with approved I-130) with AOS in US or
outside US (consulate)?

c) Is AOS consultate processing usually faster or slower than inside US?
Her's country of origin is Malaysia.

d) Are there any process for her to remain the US while her I-485 being
processed?

Thank you.

meauxna

cross post answered here: How 'No COS/No EOS' on I-94 with B2 visa affects I-485 AOS?