QUESTION
Can she stay in the US while this petition is in process or does she have to go back before I start to file the petition?
Asked on Sep 30th, 2016 on Immigration - New York
More details to this question:
I'm US citizen. I want to file I130 petition for my mother who is currently in the US on a visitor visa. Can she go back on a visitor visa if this petition is still in process?
1 ANSWER
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Your mother can file an application for a green card together with your I-130 petition and does not have to go back and wait for an interview at the U.S. Embassy. If, for any reason, she wants to go home before getting a green card, she can. In such a case, do not file the green card application with your I-130 petition; instead, wait for a letter with instructions from the National Visa Center.
Answered on Oct 21st, 2016 at 6:49 PM