QUESTION
Can I send a relative petition (I-130 form) to request my mom when she comes to the US as a tourist?
Asked on Jun 09th, 2016 on Immigration - Minnesota
More details to this question:
Reading the instructions of the form I-130 I find out that I can send that application at the same time that my mom can send from the US the form I-485 to adjust her legal status. However, one of the requirements when sending the I-485 form is to send a copy of the approval notice from the form I-130. My question then is, how can we both send the forms at the same time when my mom is not going to have the approval letter yet? or we need to wait and send the I-485 form once we get the approval? If so, do you know approximately how long it takes for the letter to arrive? Also, if my mom comes as a tourist, what if the time that the immigration agent gave her to be here expires before or during the time that she sends the I-485 form? Thanks for your help.
1 ANSWER
The maximum period of stay your mom would be granted is six months. Your mom cannot enter the United States with a tourist visa if her intent is to remain and seek permanent residence. Such conduct can be considered material misrepresentation, which makes your mother permanently ineligible for permanent residence without a waiver. You could minimize the period of separation by filing the Form I-130 after she arrives. Filing before she arrives can lead to her being denied admission and subjected to expedited removal. Your mother can stay the maximum time authorized and depart in s timely manner. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Jun 09th, 2016 at 1:56 PM