QUESTION

Can my mother travel with us now on visitor visa if today, I got an I485 denial and I130 approval for her?

Asked on Jun 27th, 2014 on Immigration - Texas
More details to this question:
I would be truly grateful if I can be helped. I applied for green card for my mother when she was in the US on a valid B1/2 visa. She had to leave the US because her mother became sick. We had taken valid advance parole for her to leave the country. I came with my family on vacation and we all are planning to leave tomorrow. She has valid visitor’s visa until 2018. She has her return ticket from the US also booked for October 29. There is no immigration intent. I am totally worried. Mother is crying and very worried. Any help will be truly appreciated.
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2 ANSWERS

Adebola O. Asekun
Because I am not entirely clear on the sequence of events with respect to the actual time line of all the relevant issues, I restrict my comment and say only that if your mother is beneficiary of a Form I-130 petition, (approved or denied), it is a risky proposition for her to attempt to enter the US with a B-2 visa, and your comment that there is no immigrant intent is factually inaccurate .Immigrant intent is established once she filed her I-130 petition and events occurring thereafter do not change that. Prior to boarding a flight to return to the US with B-2 visa, you should consult in detail with an experienced immigration attorney. In these circumstances, it is possible that in addition to refusal of entry, her visa may be canceled and with it, and a summary order of expulsion right from the airport. An alien so removed is subject to a 5 year bar of returning to these shores.
Answered on Jun 30th, 2014 at 12:10 PM

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Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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The question that will arise will be whether she has non-immigrant or immigrant intent, so you will need to show strong ties to her home country. Much will depend on the reason that the I-485 was denied. If they found that she violated her underlying non-immigrant status, then it may not be advisable to travel on the visitor's visa. You should have an attorney review the documents so they can give you more specific advice.
Answered on Jun 30th, 2014 at 9:40 AM

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