Filing an I-130 for a Parent Who Has a B2 Visa

Heya guys,

I am US Citizen AND trying to get Permanent Residency for my mom, who has B2 visa AND will be staying in US for another 2 weeks.
Do I still need to file I-130 or there is another way?

Thank you in advance,
Almaz

You will be required to fill out a I-130 at some point so there's no point in not doing it now.
It's important that mom gets her I-485 filed while she is still in status (or she must leave).

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Quoting flyingron

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You will be required to fill out a I-130 at some point so there's no point in not doing it now.
It's important that mom gets her I-485 filed while she is still in status (or she must leave).

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Thanks flyingron,

Now I am confused. I thought you start the whole process with I-130 and then you come to I-485.

Also, please define "status". Visa expiration (in 3 years) or being here in US (another 2 weeks).

Thank you in advance,
Almaz

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Also, can I file both I-130 and I-485 now AND then wait for the decision while my mom is NOT in US?

The information is here: http://www.uscis.gov/green-card/gree...ive-us-citizen

She doesn't need to remain in the US, but if she wants to do so while waiting for approval, she must apply while she is still legally present.
Note that now that she has "immigrant intent" she needs to disclose that on any subsequent visa or entries (or VWP use).

OP, concurrent filing is probably easier (you're correct though - you'd file I-130 before I-485, traditionally).

http://www.uscis.gov/green-card/gree...current-filing

She's not going to get penalized, nor will she have to leave the country if she goes out of status after filing. The only possible complication would be if she wanted to travel and then return to the US. Though advance parole (a reentry permit) effectively solves that, she'd also need to provide a copy of the filing receipt and it can be, as a practical matter, an awfully long wait at the airport ... specially if the guy behind the desk is having a bad day.

@Ron - the VWP specifically precludes immigrant intent.

If you cannot understand the process, consult an attorney rather than create a problem where she might be excluded for a period of time due to an overstay.

Ok guys,
Thanks a lot!

She will NOT overstay.

She has Visa B2 that will expire in 3 years.
Her authorized stay up to end of Feb 2015.
She is leaving in about 10 days for personal reason.

Can I file both I-130 and I-485 at same time while she is here AND then wait for result while she away?
Or just file I-130, she will leave, wait for the Receipt and then file I-485 on her behalf?

You can either file while she is her for adjustment of status (AOS) and she must remain without returning home during the processing; or you can begin the process while she is here and she can go for consular processing and return with her green card.

Once she leaves, her current authorized stay on the I-94 is no longer valid. She now - and especially once papers are filed - has immigrant intent and could/should be denied entry on a B2 visitors visa since her intent is to no longer reside in her home country. You have published on a public forum that she desires permanent residency in the US; she cannot enter truthfully on a B-2 visa in the future with the declaration that she intends to return to her current home when she knows that to be a lie.

Leaving when AOS filing is in progress, voids the AOS. If she leaves, she needs to remain in her current home country until the process is complete.

If you want to looks for ways to violate the laws governing the process, see an attorney for assistance. Forum members do not typically advise of ways to violate the law in such a way as to not get caught in a lie.

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Quoting Dogmatique

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y.

@Ron - the VWP specifically precludes immigrant intent.

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That was my point. So does B2.

Ok, T53147, dude, you're loosing me...

Especially your remarks about publishing on public forum and violating the laws governing the process :friendly_wink:
You're just too much! Please chill out!

At same time my questions still unanswered...

One more time... My mom is here (in US) under B2 Visa which expires in 2017, but she is NOT gonna stay.
She is leaving (doesn't want to stay or especially overstay) in about 10 days (long before her authorized stay which expires Feb 2015).

1.Should I file both I-130 and I-485 at same time (concurrent) now AND then see whats gonna happen?
2.Or just file I-130, she will leave, wait for the Receipt and then file I-485 on her behalf (with the receipt of approval)?

Thank you in advance,
Almaz