Can a visiting parent get GC with Citizenship interview??

[onehourrunner]

Someone told that I can accompany my mom who is visiting us, to my citizenship interview. Her GC application will be processed with my citizenship application!!! Is it true or Myth??
Please help..

 

[Aibolit]

Myth.

 

[boatbod]

Uh, no....

Once you become a citizen, you can petition for your mother in the Family, First Preference category. Her I-130/I-485 can be submitted at the same time as there are no limits to the number of visas in that category. Processing time varies, but probably around 6-9 months as long as she doesn't get stuck in namecheck.

It is important she does not overstay her current (visitor?) visa, since being out of status is looked upon very unfavorably by USCIS. Further, since there is no dual intent allowed with either B1/B2 or Visa Vaiver program, she will be expected to leave the country before you apply.

 

[N400Applier]

Someone told that I can accompany my mom who is visiting us, to my citizenship interview. Her GC application will be processed with my citizenship application!!! Is it true or Myth??
Please help..

This is not true. Just because you are going for your citizenship interview does not have any bearing as regards your mother GC.

In fact I would recommend that you go to the Interview by yourself and once you clear your interview successfully and finish with your oath (at which point you are a US citizen) you can petition you mother.

See boatbod's comments. They are very accurate.

 

[onehourrunner]

Thank you for the suggestions. I will until my interview is over.. Thanks again..Will post once my interview is over!!

 

[C R S]

If forms I-130 and I-485 are concurrently filed while onehourrunner's mother is on valid non-immigrant status, onehourrunner's mother can stay in the US until her case is adjudicated. As an immediate relative of a US citizen, she is more or less guaranteed to get her green card. Is she prepared to hang around until her case is adjudicated or would she prefer consular processing? One caveat: when someone who enters on a non-immigrant visa applies to adjust his/her status to that of a permanent resident, he/she can expect to be questioned on his/her original intent when entering the US.

 

[boatbod]

If forms I-130 and I-485 are concurrently filed while onehourrunner's mother is on valid non-immigrant status, onehourrunner's mother can stay in the US until her case is adjudicated. As an immediate relative of a US citizen, she is more or less guaranteed to get her green card. Is she prepared to hang around until her case is adjudicated or would she prefer consular processing? One caveat: when someone who enters on a non-immigrant visa applies to adjust his/her status to that of a permanent resident, he/she can expect to be questioned on his/her original intent when entering the US.

Some good points there C R S, but I still think it would be unwise of her to overstay her existing visitor visa simply to be in-country when the I-485 was filed. Maybe I'm wrong, but I view the dual intent problem as being less of an issue than if she goes out of status.

 

[C R S]

I still think it would be unwise of her to overstay her existing visitor visa simply to be in-country when the I-485 was filed.

I am not recommending that she overstay in order to file I-485. I am merely stating that if she files for adjustment of status while her current status is still valid then she can stay in the US indefinitely until her case is adjudicated.

Maybe I'm wrong, but I view the dual intent problem as being less of an issue than if she goes out of status.

This is a very real issue. My friend's parents were hassled a lot when shortly (my friend could have waited a while but he didn't) after they entered the county, they filed for adjustment of status. That they eventually did get their green cards was not much of a consolation to them.