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