B2 for the I130 Visa person. ***URGENT***

K

Khushwant_jhaj

New Member
Hello all

I need help to get my mother here in the United States. Here is the case, I applied for my parents on 23rd Oct 2003 under the catagory of USC applying for the parents. Even though i gave all the paper work including my birth certificates and my Naturalization certificate they sent me request of evidence asking my birth certificate for my mom's case. And keep displaying that they had sent request for my father too. I never received any request for my father. But when i sent the paper work requested they applied that paper work to my father's case instead of my mother's case. After reading the notice of action for the request of evidence I noticed an error of reciept numbers. The receipt number on the top of the notice was different from the bar code on the bottom right hand side corner. I did call the USCIS office and made the request to look into this matter, agent told me to write in and so i did. They still seems to not understand the issue and hance making this case very difficult.

We applied for the paper work just to get my father here who was a cancer patient so that he can get all the good care and medical support. He passed away couple days ago and now we want to get our mom here. Is it possible to get this paper work expedited ASAP? Or can she get and B2 visa to come to USA and then I can apply I485 for her.

I am a USC whos is working as an engineer and has a business which provides 6 full time jobs. If we can't do any thing then I will be forced to close this business and move back to India to stay with her.

Please guide me to resolve this issue so that I can bring her here ASAP. All the responces will be highly appreciated.

Khushwant Jhaj
 
Khushwant_jhaj said:
He passed away couple days ago and now we want to get our mom here. Is it possible to get this paper work expedited ASAP? Or can she get and B2 visa to come to USA and then I can apply I485 for her.
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It is extremely unlikely that your mother would qualify for a B visa of any sorts. Having a filed I-130 on her behalf means that she is clearly ineligible for a B visa based on immigrant intent. If the consular officer doesn't reject her, the POE probably will the minute they see that I-130. On the DS-154 she clearly needs to answer "yes" if any immigrant visa petition has been filed on her behalf.
 
Khushwant_jhaj said:
So what can be done in this state now to get her here.
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Not much, I'm afraid. She's going to need to get that I-130 approved, and get an immigrant visa through consular processing.

You might want to inquire at your congressman's office regarding the possibilities for an expedite. That being said, I have attempted to do the same when my I-485 was pending and ran into a brick wall, however her situation is different and potentially more advantageous to you since she is outside the US, whereas I and my family were already here. Even if you cannot get an expedite, I have found that Congressional intervention will work well if your response to your mother's RFE got mixed in with your father's file.

The next thing you want to consider is using an Attorney-Certified I-130 to bypass NVC and get your mother's file at the consulate in her home country. I do not know what US Consulate or Embassy covers where she lives, and not all of them accept AC I-140s (never mind I-130s). Again, I am doubtful if either suggestion will work in her case, but it is worth trying. You never know.

One other point - you are aware that your mother will be ineligible for Medicare and SS, even once she is a citizen, unless she works for 10 years in the US?
 
I am going to Barbara Boxer's office here in San Francisco tomorrow and going to provide them with the copy of all the paper work from the USCIS. Asking them to write a letter to the USCIS and hope fully this might expedite the process. Other thing what is Attorney-Certified I-130? Can you put a light in that respect and My mom comes under New Delhi based US Consulate.

I really appreciate all the knowledge you are providing me. Thanks in bunch.

Khushwant Jhaj
 
one other option maybe:

1) cancel your current I-130 application
2) get your mom a visitor visa and bring her over to the US and start the GC process again

On another note, I just filed for my mom via consular processing while she was visiting me on a 10-yr tourist visa. I contacted the the US consulate in Mumbai via email and they confirmed that she can travel back and forth on her tourist visa while the I-130 is in process.
 
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