QUESTION
If my Mom visit me with a return ticket and stay in US for a few months, will that cause any problem in the I130 process?
Asked on Nov 24th, 2013 on Immigration - New York
More details to this question:
I’m a US citizen and my parents have 10 years multiple entry valid visas. I just sent out i-130 application for both about a week ago and mentioned that the parents will go through the process in the Indian consulate. Now I have an emergency and I need my Mom to come to US on her visitor’s visa in next couple of weeks. The I130 has not even received by USCIS. She has to go back anyways because they want to go through all the process in India and as long as my Dad is there. In case they receive any notifications for further process in India, my Mom can go back right away. There is no way that she can overstay here and mess up her process. I’m really confused right now. Any help can be appreciated.
3 ANSWERS
She can try to enter on a visitor's visa as long as she can bring with her proof that she does not have intent to remain in the U.S. in the event she is questioned.
Answered on Dec 04th, 2013 at 8:01 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
She should be okay to come on the visit but be up front and disclose the IO-130 is pending, the emergency and demonstrate her intent to return.
Answered on Nov 27th, 2013 at 5:18 PM
I 130 process will not be affected, but your mom may not be allowed on a tourist visa since now she has an immigrant intent. In this case, at the border she either might be expeditiously deported or requested to withdraw her request for admission. It will depend on the CBP officer.
Answered on Nov 27th, 2013 at 5:15 PM