Could mother of US citizen visit the US while waiting for GC?

[rdabir2001]

My mother (I am a US citizen and she is an Indian citizen) recently went thru her GC interview at the Mumbai Consulate and was told that she need a Police Certificate from Russia because she had lived in Russia for more than six months in the 1980s. She has started the process with the Russian Consulate in Mumbai and was told it could take a 2-3 months to obtain the Police Certificate. While she is waiting she would like to visit the US under a 10-yr multiple-entry visitor visa which she possesses. In the last 4 years she has visited the US 3 times as a visitor under the 10-yr multiple-entry visitor visa. Is there a problem visiting the US this time around? Could she be denied entry? Please advice.

 

[ari4u]

my advise would be for her to wait till she gets her GC.

She has already demonstrated immigration intent and has also attended her interview. She most likely would have problems entering US using a non-immigrant visa after she has demonstrated immigration intent. If she is lucky she might get through, on the other hand she might be questioned, denied entry and sent back and this might create problems with her GC application. This is a chance you must be willing to take.

 

[rdabir2001]

Thanks.

I am assuming they have a tracking system where in they know whether a person entering the US has appeared for the GC interview or not. She did enter several times while her application was being processed. Any thoughts?

Thanks again.

 

[visaapplicant]

Police certificate from a country different than home country

My mother (I am a US citizen and she is an Indian citizen) recently went thru her GC interview at the Mumbai Consulate and was told that she need a Police Certificate from Russia because she had lived in Russia for more than six months in the 1980s. She has started the process with the Russian Consulate in Mumbai and was told it could take a 2-3 months to obtain the Police Certificate.

rdabir2001,

I checked state department website and Mumbai Consulate website. They both say that Police certificate is required from other country only if the stay was 12 months. Here are the links:
http://travel.state.gov/visa/immigrants/types/types_1308.html
http://mumbai.usconsulate.gov/ivpolicecertificates.html

Although on a different page (http://mumbai.usconsulate.gov/ivfaq.html), Mumbai consulate says
"However, if the applicant has resided abroad since the age of 16 for periods of six months or more, then a police certificate might be required from that country, depending on which country it was. A full list of countries where police certificates are considered to be unavailable is at the National Visa Center web site."

What I found is the Visa Reciprocity and Country Documents Finder (http://travel.state.gov/visa/reciprocity/index.htm). It tells whether Police Certificates are available in each country and whether they are available to non-residents for prior stay in that country.

My parents will eventually go to Mumbai for their CP interview and the issue of Police Cert from other countries may apply to them.

Could you please tell whether the requirement of Police Cert from other countries is at the discretion of Consular officer? i.e. required for 6 months of stay or 1 year stay, required for what countries etc.

Also where did you file I-130? Could you please post your timeline?

Thanks.