QUESTION

Can I apply for my mothers green card while she is here on a 10 years visa?

Asked on Dec 25th, 2010 on Immigration - California
More details to this question:
My mom was granted a 10 years visa, she will be coming in February 2011. Can I apply for her to get her green card while she is here in the States or should I wait until she goes back home and then fill her I-130 out? Or should I start the I-130 now? She will be staying in the US for up to 6 months. What is the best option? Thank you.
Report Abuse

4 ANSWERS

Immigration Attorney serving Hollywood, FL
2 Awards
If you are a United States citizen over the age of 21 you can file a petition for your mother and there would be a visa available for her immediately. You should wait until she is here to begin the process since you don't want the immigration officer in the airport to think that she is coming with an immigrant intent.
Answered on Jan 16th, 2011 at 7:58 PM

Report Abuse
Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
This is a complicated question because when she comes in February she is coming as a visitor and must have nonimmigrant intent to return to her home country. If you apply the I-130 for her before she comes there is a chance she will be turned away at the border as the I-130 indicates a conflicting immigrant intent. If she travels here fully intending to return and then after she gets here you both decide that it is the right time to sponsor her for permanent residency this is an option and both steps of the permanent residency application may be applied for her. Alternatively you can file the I-13 after she arrives but have her return as scheduled to consular process her application and come back as an immigrant once approved. We would be happy to assist you both. Set up a time to consult and we can review the pros and cons of the various scenarios.
Answered on Dec 28th, 2010 at 9:13 PM

Report Abuse
William C. Gosnell
File the I-130 when she is here.
Answered on Dec 28th, 2010 at 1:13 PM

Report Abuse
Immigration Law Attorney serving Costa Mesa, CA
2 Awards
There is no best option, and which one you choose depends on many factors. If you mother's comes to the U.S. as a visitor in February with the intention of not leaving the U.S. because you will be petitioning her, she runs the risks of being denied a Green Card if the USCIS believes she lied when she came as a visitor. Filing a petition for her before she comes as a visitor could also cause problems when she arrives in the U.S. On the other hand is is not against the immigration law for a parent of a US who came as a visitor to be petition for her Green Card while in the U.S. I recommend you speak to an Immigration Attorney before making a decision.
Answered on Dec 27th, 2010 at 3:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters