QUESTION

Is it possible for my mother to stay in the US while waiting for her green card?

Asked on Mar 19th, 2013 on Immigration - New York
More details to this question:
My mother has a 5 year visitor’s visa. I would like to apply for a green card for her but I want her to be able to stay here and not go back to Haiti to wait for the approval of her green card. Is that possible?
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7 ANSWERS

Adebola O. Asekun
Assuming you are a US citizen and that you are filing for your mother, she may not have to return to Haiti for green card interview and will instead adjust her status [green card] while she is here in the US. This is based on the assumptions that (a) your mother is now physically in the US and (b) she came to the US with a visa and was inspected and admitted by an immigration officer at the port of entry. If so, you should file the I-130 petition together with the I-485 [Green card ] at the same time along with the I-765 work permit. She would receive the work permit within 90 days of filing the paperwork and you should expect her green card interview no later than 8 months. To ensure you are doing the proper things, consult with an attorney to avoid possible implications further down the road .
Answered on Mar 25th, 2013 at 7:54 PM

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If you are a US citizen and your mother is already in the US as a visitor and has been here for at least 90 days, then you can petition for her and she will be able to remain in the US until she gets her green card.
Answered on Mar 22nd, 2013 at 3:46 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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You need to make an appointment with a competent immigration attorney to fully discuss the risks and the benefits of such a choice. Your mother is not legally allowed to remain in the US past the I-94 date regardless of the visa's length. She may be eligible to change status to another category which would then keep her in status. It may be possible for her to remain in the US and still adjust status but there are a lot of risks there and it is not allowed under law. For this reason, please make that appointment.
Answered on Mar 21st, 2013 at 3:30 PM

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Probably if she came here legally and you are a citizen.
Answered on Mar 21st, 2013 at 3:28 PM

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Immigration Attorney serving Alexandria, VA
Yes, it is possible for your mother to remain in the US, if, you yourself are a US citizen at the time that you apply for her.
Answered on Mar 21st, 2013 at 3:28 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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As long as you are a US citizen, then mom can stay and complete the process in the US.
Answered on Mar 21st, 2013 at 3:26 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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Are you a US citizen? If so, she can stay, she will have an unlawful presence but it's likely to be forgiven.
Answered on Mar 21st, 2013 at 10:42 AM

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