QUESTION
How do I file I130 & I485 for widowed mother who is in the US on a Bi/B2 visa? Her current visa expires Jan 2, 2019.
Asked on Apr 11th, 2018 on Immigration - Texas
More details to this question:
I am a naturalized US citizen living in Texas and have my recently widowed 85 year old mother visiting me in the US on a visa. She has been with us for 2 months at this time and is scheduled to stay with us for 3 additional months. Can I apply for her I130 and I485 while she is with me in Texas? It appears that the processing time for the I485 in Texas is currently 9 to 21 months. Can she stay with us till the application has been processed or would she need to leave the country?
1 ANSWER
Yes you can but an issue that she may face at her interview is her preconceived intent when she entered on a tourist visa. Did she intend to visit or to remain permanently? Discuss in private with counsel.
Answered on Apr 13th, 2018 at 4:26 AM