Can I petition for my mother to become a resident?
Asked on Jul 19th, 2011 on Immigration - California
More details to this question:
My mom has a visitor visa, and she is going to be here for at least six months. Can I petition her to become a resident meanwhile she is here or does she need to leave the US for me to help her to get her green card? I am an US citizen.
Hello, Yes, you can process her Adjustment of Status while she is in the U.S. The filing will permit her to stay beyond her I-94 date while the case is pending. However, you must be careful with the application and timing due to her tourist visa entry.
Yes, you may do that. Be aware if your mom has the intention to come here and then apply for permanent residency, there might be an issue of pre-conceived intent. You may want to discuss it with an immigration attorney.
You may file a Petition for Relative (Form I-130) on behalf of your mother as she is the immediate relative of a US citizen. And she may file at the same time an Application for Adjustment of Status (Form I-485) allowing her to obtain her green card inside the United States.
YOu can petition for her, but she will not be able to remain here without leaving. The petition will take several years to be successful. Filing the petition could make it difficult for her to visit you in the future. You should speak with an immigration lawyer to review your options.
The law allows your mom to apply for resident status without leaving the U.S. but you should consult with an experienced immigration attorney before she files an application.
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