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I plan on applying for my US citizenship on Nov 2013 and plan on petitioning my mom as soon as I get my citizenship. She currently has a B1/B2 visa and I want to petition her while she's in the US. When is the best time for her to enter the US? Should it be before I apply? If so, does she have to worry about overstaying if my application takes more than 6 months to approve? Or perhaps it's best if she enters the US after I become a citizen. Thoughts?
6 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Your mother cannot enter the U.S. with intent to become a resident. That is fraud.
Answered on Jan 15th, 2013 at 8:07 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Jan 14th, 2013 at 4:50 AM
Robert E. West
This is a tricky question to answer here. You really should sit down with a lawyer to discuss your options.
Answered on Jan 10th, 2013 at 11:14 PM
She is not supposed to have the intent of immigrating if she enters the US as a visitor. It typically takes about 4-6 months from the time you apply for you to become a US citizen so you can plan accordingly. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 10th, 2013 at 10:52 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Just have her enter after you apply for citizenship. The entire process takes 3 to 4 months and usually she will be admitted for 6 months. That is plenty of time to start her green card process.
Answered on Jan 10th, 2013 at 10:51 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Once you are citizen, she can be denied entry if the officer believes she has an intent to permanently stay in United States. If she enters before and overstays, she can still adjust status.
Answered on Jan 10th, 2013 at 10:51 AM