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My sister-in-law's parents arrived from China on tourist visa last December. Due to worldwide concerns about the coronavirus, she filed i539 to extend their stay by 6 months. The application is still pending, and it will probably be a while before they get to it. Because she is still concerned about them traveling during this pandemic, she wants to know if it's feasible to apply for another 6 month extension while the current one is still pending.

Also, do they have any other options in the current situation? Under the current circumstances, would it be possible to apply for green cards for them, without them having to go back to their home country, if she sponsors them?

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    If you can find a safe way for her to travel, she would be much less likely to catch COVID-19 in China than the US. – Patricia Shanahan Jul 28 at 17:58
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she wants to know if it's feasible to apply for another 6 month extension while the current one is still pending.

Yes, she can apply for another extension of stay while the current one is still pending. There is no limit to the number of consecutive extensions of stays that can be granted.

If the first extension of stay is approved, then she can continue to stay while the second extension of stay is pending since the second extension of stay was filed during the period of stay granted when the first extension of stay was approved. If the first extension of stay is denied, she will still have to leave immediately.

would it be possible to apply for green cards for them, without them having to go back to their home country, if she sponsors them?

Yes, if your sister-in-law is a US citizen and is at least 21, she can petition her parents to immigrate and they can do Adjustment of Status in the US. They would file the I-130 petition and I-485 Adjustment of Status together (each of those requires many additional forms and documents) for each parent. Parents of US citizens are in the Immediate Relative category and do not need to be in status to do Adjustment of Status. However, they cannot leave the US while their I-485 is pending unless they are granted Advance Parole before leaving, or they will automatically abandon their I-485.

Also, if they plan to apply for Adjustment of Status, they should not apply for extension of stay.

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  • Just to clarify, when you say they should not apply for the extension of stay, do you mean the second extension of stay? It's okay if she applies now to petition and apply for AOS while the first extension is still pending? – CCKx 23 hours ago
  • @CCKx: If they planned to do AOS before they applied for the first EOS, they shouldn't have applied for the first EOS. But that is done so it is moot. I will assume that they did intend to leave when they applied for the first EOS, and changed their mind. If they intend to do AOS now, they should not apply for the second EOS now. The fact that they have a pending EOS doesn't affect their ability to do AOS. – user102008 20 hours ago
  • thank you for the clarification. Yes, they did intend for their visit to only be temporary, both when they entered the country and when they applied for the extension, but changed their minds since then. – CCKx 16 hours ago

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