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

As it is a parental visa preference, I would file after the I-130 is granted.

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Quoting Almaz

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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

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Well, I think we're all pretty much done with people demanding answers tonight.

Good luck.

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Quoting Disagreeable

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As it is a parental visa preference, I would file after the I-130 is granted.

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Thanks Disagreeable,
That's exactly what I think I would do. I just don't want her to go to Consulate 2 times. First for Visa, Second for Green Card.
I hope its as easy process as it seems.

Thanks again!

You can do it either way, I don't think there's any advantage of one over the other. Frankly, I'd just file them both now. No point in doing otherwise. Might save a week or so in mail delays when it comes time to process the paperwork while they're waiting for a later filed one (though that delay is probably a drop in the bucket in the large frame of things).

As for her status, she can file the AOS while she is legally present and stay pending a decision, or she can go home. That's up to her. The only caveat I was trying to make is that if she leaves, now that she is on file with immigrant intent, she can't reenter on her existing B or any other non-immigrant visa.

VISA does not govern authorized stay; the date on the I-94 is what is important. Once she leaves the country, unless it is very limited circumstances, her current I-94 is terminated and she must apply for a new entry.

If AOS is pending and she leaves, it is void. If you apply, she needs to cancel her trip.

She has immigrant intent and cannot honestly state at an entry that she intends to return home.

If she must leave, the correct thing to do is file for consular processing; she will then enter after her green card is approved. You still appear to plan to have her reenter as a tourist when you are planning to file or have already started the process for a green card for her.

As a US citizen, you are expected to obey all laws, even ones that are inconvenient to you personally.

If you do not want her to be alone, as a US citizen you are free to visit any country willing to allow you in for as long as they authorize you to stay; please do not use the excuse that she must be with you in the US to justify the shortcuts you have posted.

Since you do not like the advice given here, please use an attorney to assist you in correctly petitioning for your mother.

Your proposal is why parents of many US residents have difficulty obtaining visitor visas to the US; do not further prejudice the US immigration system against people like you mother who first just wanted to visit the US by turning her into part of the problem.

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Quoting flyingron

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As for her status, she can file the AOS while she is legally present and stay pending a decision, or she can go home. That's up to her. The only caveat I was trying to make is that if she leaves, now that she is on file with immigrant intent, she can't reenter on her existing B or any other non-immigrant visa.

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Thanks Ron,

Today I filed I-130. My mom is gonna leave in 10 days. I'll wait when her I-130 will be Approved and then will submit I-485.

Do I have to get a Receipt (that they received it and allowing me to see the status of the case) first and then Approval letter?

I hope there will be no problem for me to fill out and send I-485 on her behalf when she's gonna be away?

Then when her I-485 will be approved she will come here with new Green Card.

Do I understand this right way?

Thank you in advance,
almaz

If you are unsure of the process or the forms as you have completed them, a review by an attorney is in her best interest. Based on your postings, it will be cheap insurance to make sure you have done things appropriately and that she will not be delayed by incorrect completed forms and procedure.

Its done already...

I predict this will not go as easily or efficiently as hoped.

Ah well.

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Quoting Dogmatique

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I predict this will not go as easily or efficiently as hoped.

Ah well.

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You have a freedom to predict anything you want...:)

Spoken by people older than dirt or who have been there, done that.

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Quoting T53147

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Spoken by people older than dirt or who have been there, done that.

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I'm not sure now. It was my birthday a couple of days ago; I refer to myself as being 32 + shipping and taxes. But does that mean I'm older than dirt? Which type of dirt? Is there a control to which we can compare? What if it's not really dirt, but the Cleveland Browns? Where is Waldo? Who's your Daddy..okay, too far.

:D

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Quoting Dogmatique

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I'm not sure now. It was my birthday a couple of days ago; I refer to myself as being 32 + shipping and taxes. But does that mean I'm older than dirt? Which type of dirt? Is there a control to which we can compare? What if it's not really dirt, but the Cleveland Browns? Where is Waldo? Who's your Daddy..okay, too far.

:D

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Yeah, too far...

Happy Birthday!
Btw, I am exactly 10 years older than you're.

Now, can we go back to the topic?

So what is your question now?

Speaking of most proper way to do it:

Does my mom have to fill out I-485 before she leaves US?
Or can I do it on her behalf when she's gonna be abroad?

SHE must fill out the form (or at least sign it as saying the information is truthful). It doesn't matter if she does this while in the US or back home abroad.

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Quoting flyingron

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SHE must fill out the form (or at least sign it as saying the information is truthful). It doesn't matter if she does this while in the US or back home abroad.

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Thanks Ron,

I have a few questions though.

1. In the Section Part 1. Information About You should I indicate my (here in US) address even though it will be under her name?
2. Should I check first option An immigrant petition giving me an immediately available immigrant visa number
that has been approved even if it wasn't OR should I wait when its gonna be approved?

Thanks again,
Almaz

With the number of questions you have about completing the forms, you and she would be best served if you take the assistance of an attorney or an immigrant assistance social service organization. Catholic Charities and Lutheran Relief are two that operate in many communities, and your community may have others.

If OP lived in Fargo I could actually recommend someone.

Look at law schools too - they'll help you, and there will be attorneys overseeing everything.

OP - have you also looked into Bar Association referrals?

Thanks a lot, guys!

I have a Very Good lawyer. Unfortunately his fees are very good as well :)
I just thought that being not that dummy myself AND with your help and experience I could solve this puzzle.

Its Ok. I will ask somewhere else.
Nice board anyway!

I referred you to TWO social service agencies that assist lower income immigrants.

He has a Very Good Lawyer.

Yet he's here, and is wasting our time.

How...delightful.

Oh btw - many of us cross-post to other forums. Most of those forums would be far less likely to help you. I'm sure you can figure out why.

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Quoting Dogmatique

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He has a Very Good Lawyer.

Yet he's here, and is wasting our time.

How...delightful.

Oh btw - many of us cross-post to other forums. Most of those forums would be far less likely to help you. I'm sure you can figure out why.

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Yes, you said that... Many of you cross-post to other forums.