GC for Mom/parents

Your plan is a clear case of preconceived immigrant intent, which she is not supposed to have when entering the US with a tourist visa. If they realize at the port of entry that she has a US citizen child who is an adult, they could refuse entry because of suspicion that she will file for AOS.

You should file I-130 for her now with the Consular Processing option. That avoids the immigrant intent and refusal of entry problems that may result from it, and she would get the green card sooner that way. Instead of entering in September to start the GC process which will then take until December or January or February, if you file the I-130 now she would probably get the immigrant visa at the consulate by September or October. Then once she lands in the US with the immigrant visa, she is a permanent resident.

Very good advice..this is why I love this forum.
 
If they realize at the port of entry that she has a US citizen child who is an adult, they could refuse entry because of suspicion that she will file for AOS.

That's not true. Many US citizens have parents abroad. Arguing that way, no parents should be allowed to visit their children :D

It looks like she's been going in and out of US for the past 4 years just fine. I don't think there's anything negative about her coming here next time. For immediate relative, it should take 6 months at max to do the paperwork, in most cases.
 
That's not true. Many US citizens have parents abroad. Arguing that way, no parents should be allowed to visit their children :D
It is very true. Many parents have been refused entry, and many many more have been refused visas because of having adult US citizen children living in the US.

Of course, such problems doesn't happen to everybody. Different people demonstrate different levels of ties to their home country, and different officers have different judgments on whether any given person represents a significant chance of attempting to immigrate. So some get the visa and are allowed entry, and others are refused the visa or refused entry.

It looks like she's been going in and out of US for the past 4 years just fine. I don't think there's anything negative about her coming here next time.
But was the poster a US citizen when the parents were going in and out of the US? And if yes, did the officer at the port of entry query the system enough to know about them having a US citizen child? Things could be different next time.
 
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Hi

Your plan is a clear case of preconceived immigrant intent, which she is not supposed to have when entering the US with a tourist visa. If they realize at the port of entry that she has a US citizen child who is an adult, they could refuse entry because of suspicion that she will file for AOS.

You should file I-130 for her now with the Consular Processing option. That avoids the immigrant intent and refusal of entry problems that may result from it, and she would get the green card sooner that way. Instead of entering in September to start the GC process which will then take until December or January or February, if you file the I-130 now she would probably get the immigrant visa at the consulate by September or October. Then once she lands in the US with the immigrant visa, she is a permanent resident.

Hi,
Thank you very much for your advise, My mom visited usa 3 times till now. all the 3 times she stayed for 6 mts, Can i apply for I-130 now and apply for I-485 when she is here. What do you think? She already booked her ticket for Sep-15 2010.
 
Hi,
Thank you very much for your advise, My mom visited usa 3 times till now. all the 3 times she stayed for 6 mts, Can i apply for I-130 now and apply for I-485 when she is here.
You could file the I-130 now, but if it is still pending in September she may get refused entry when trying to enter with a tourist visa. To gain entry she may have to convince them that she will leave the US to complete the process at the consulate instead of filing for AOS.
 
You could file the I-130 now, but if it is still pending in September she may get refused entry when trying to enter with a tourist visa. To gain entry she may have to convince them that she will leave the US to complete the process at the consulate instead of filing for AOS.

Hi,
But how will the officer at the Port of entery know that i have filed for her I-130?
 
Hi

Hi,
Thank you very much for your advise, My mom visited usa 3 times till now. all the 3 times she stayed for 6 mts, Can i apply for I-130 now and apply for I-485 when she is here. What do you think? She already booked her ticket for Sep-15 2010.

Hi,
If i file I-130 now for my mom, Do i need to submit support of affidivit with the I 130 or i can do it along with 1 485. I have to get a co-sponsoror .
 
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