QUESTION
Can my mom stay in the US if I only file the I-130?
Asked on Apr 27th, 2014 on Immigration - Washington
More details to this question:
I am a US citizen. My mom came to the US as a B2 visa visitor (my father passed away last year). Her B2 visa and I-94 will be expired in two weeks. I want to file a petition I-130 form for her this week. I know I can file both the I-130 and I-485 at the same time but I want to file the I-130 first and file the I-485 after the I-130 is approved. My questions are, do I need to extend her B2 visa and I-94 after we file the I-130? Or do I have to file the I-485 for her to stay in the US while waiting for the I-130 application process?
5 ANSWERS
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Richard S. Kolomejec
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Your mom should stay in the US and file Form I-485 along with your Form I-130. That way she doesn't have to leave the US during the process. And if done correctly, mom can get a work and travel permit in a couple of months, and a green card in just under a year.
Answered on Apr 29th, 2014 at 6:39 PM
The filing of I-130 does not give her any status and does not protect her status while she is in the US. For that she needs to file I-485. Why not file it concurrently? That is what most people do in similar situations.
Answered on Apr 29th, 2014 at 6:39 PM
Adebola O. Asekun
You should contact and experienced immigration lawyer before you do anything. It is precisely the possible consequences of the decision such as you are about to make that cause a lot of pain and unfortunate separation of families.
Answered on Apr 29th, 2014 at 6:39 PM
Bruce A. Coane
For her to be semi-legal, you need to file both. If you file only an I-130, she will be out of status in 2 weeks.
Answered on Apr 29th, 2014 at 6:39 PM
Rebecca T White
You can't file to extend her visitor status and file an I-130 at the same time. (Or, you can, but it won't be approved the filing of the I-130 for her will show immigrant intent, and to extend the visitor visa she needs to show non-immigrant intent). The I-130 alone will not extend her valid stay in the U.S. Filing the I-130 and the I-485 at the same time will allow her to remain in lawful status while waiting for the adjudication of both.
Answered on Apr 29th, 2014 at 6:38 PM