Petition Help

[ne0n]

Hello,

My mother is naturalized US citizen and as such she filed petition I130 for me in April of 2005. Meanwhile she was diagnosed with cancer and was admitted at a hospital for treatment. I was granted visitor's visa and I am currently in the US taking care of her.
I know that I130 takes about 4-6 years to be processed...What will happen with the petition if by then my mom is not alive? Can I change my status while I am in the US and wait here until the petition is processed / approved?

Thank you in advance,

[malutka]

Hello,

My mother is naturalized US citizen and as such she filed petition I130 for me in April of 2005. Meanwhile she was diagnosed with cancer and was admitted at a hospital for treatment. I was granted visitor's visa and I am currently in the US taking care of her.
I know that I130 takes about 4-6 years to be processed...What will happen with the petition if by then my mom is not alive? Can I change my status while I am in the US and wait here until the petition is processed / approved?

Thank you in advance,
If the petition I 130 is not approved yet and your mother hasn't filed I 485 then you either need to change your status to F-1 or J-1 (for example) or wait overseas. Remember, you cannot stay after I 94 expires on your current status. You could, however, file for a 6-month extension (for B visa) using form I-539.
If the petitioner (I130) dies, the beneficiary looses the chance to get a green card.
http://www.immihelp.com/greencard/familybasedimmigration/misc.html