Found my biological mother in U.S. and issue for I-130

#1
Hi,

I have some questions regarding my immigration issue, my personal information is written below and would be really thankful to get some kind guidance:

My father and mother divorced when I was very young, and I grew up with my biological father and step-mother.

Last year when I was 25 years old, I applied for B-2 visa (for 10-year duration) to travel to U.S. - note: I only filled my father and step-mother's information, as I always regard her as my "real" mother; and I didn't fill my biological mother's information because I didn't know her information.

After I entered the U.S., by chance my biological mother contacted me, then I get to know she is already a U.S. permanent residence and she wanted to file an I-130 for me. That's the direct reason of why I searched the internet and seek help.

Here comes my question:

1. Since I'm still in the U.S., can she file I-130 for me right now, or need to wait until I leave the U.S.?

2. Will I be considered as visa fraud if she file I-130 for me when I am in the U.S.?

3. What should I do since I didn't provide information of my biological mother when I was applying for B-2 visa? And who should I contact if I need to update that part of my information?

4. I've heard that re-entering U.S. with my valid B-2 visa after my mum's petition will probably be denied. Is that true and what can I do to avoid that?

5. Any other advice for my situation, and how an attorney could help me in this case?

Sincerely appreciate your help!

Patty
 

SusieQQQ

Well-Known Member
#2
Well, congratulations on finding your bio mom and how wonderful that she’s prepared to sponsor you.

1. She can file while you are here, but you cannot just stay in the US while the petition takes the 7-8 years it will take to become current (unless you are from Mexico or Philippines where it’s much longer). So you still have to leave before your “admitted until” date.
By the way are you aware that as long as your mom is only an LPR you need to stay single or the petition will lapse? If she becomes a citizen and you marry that’s ok, but the category shifts to F3 and that’s about a 15 year wait from filing.
2. No because you are unable to stay and wait to adjust status.
3. That information will effectively be updated in the I130, and when the petition becomes eventually current and you fill in your DS260. There will probably be questions at that stage about the conflicting information in your visa application which you can address at the time.
4. That depends on individual circumstances and often, country of origin. Be sure to take very strong evidence with you of your ties to return home on any such trips (property ownership, letter from employer that you have a job to go back to, etc).
 
#3
Well, congratulations on finding your bio mom and how wonderful that she’s prepared to sponsor you.

1. She can file while you are here, but you cannot just stay in the US while the petition takes the 7-8 years it will take to become current (unless you are from Mexico or Philippines where it’s much longer). So you still have to leave before your “admitted until” date.
By the way are you aware that as long as your mom is only an LPR you need to stay single or the petition will lapse? If she becomes a citizen and you marry that’s ok, but the category shifts to F3 and that’s about a 15 year wait from filing.
2. No because you are unable to stay and wait to adjust status.
3. That information will effectively be updated in the I130, and when the petition becomes eventually current and you fill in your DS260. There will probably be questions at that stage about the conflicting information in your visa application which you can address at the time.
4. That depends on individual circumstances and often, country of origin. Be sure to take very strong evidence with you of your ties to return home on any such trips (property ownership, letter from employer that you have a job to go back to, etc).
Thank you so much for your clear and precise response!

All the best,
Patty
 
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