I-130 for mother - Advice please

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spiderman03

Registered Users (C)
I became a US Citizen lasy year and I decided to file I-130 petition for my mother. I have few question that needs clarification. Any advice is appreciated.

1) Is I-130 & I-485 concurrent filing allowed?
2) My mother is currently in US on a visitor's visa and her I-94 is valid until May 25th 2011. Considering the I-130 processing time that shows close to 5 months, I am not sure if she can get I-130 approval before her I-94 expires. So, when I fill up the I-130 form, should I choose Consular processing or do it within US for adjustment of status? Is there a way to do adjustment of status within US legally without her stepping out of the country to do adjustment of status?

Thanks a lot for anyone who replies.
 
When she entered the country did she disclose the fact that she had a USC adult child in gthe U.S.? Did she plan to stay in the U.S. permanently when she came for a "visit"? Did she make any misrepresentations upon entry or at time of applying for the visa? Is her presence with her qualifying relative (an LPR or USC spouse or parent, if she has one) so crucuial that she will qualify for an "extreme hardship waiver" when USCIS determines that she committed fraud at entry?

Inadmissibility due to fraud/misrepresentation has a waiver under INA 212(i) BUT it requires a QUALIFYING RELATIVE (LPR or USC spouse or parent) for HER to get a waiver. You are her adult son/daughter and do not qualify for that purpose.

Doesn't she need to take action back home to wrap up her life back there?

Does she actually want to move permanently to the U.S.? Have you asked her?

Consular Processing may be the better choice.
 
She got the 10 yr. visitors visa in 2001 and visited US three times already and left before I-94 expired all the time. So there was no need for her to visit US consulate again after I became a citizen.

I read info few minutes back that I-130 & I-485 can be filed together. I am assuming that she can move to AOS with travel document if she cannot get both forms approved before the expiry of current I-94. That way she can go to home country for few days and return to get GC approval.

Would that work? Please advice. Thanks.
 
As the immediate relative of a USC, she is eligible to file an I-485, I-756 and I-131 along with your I-130. She remains eligible to file even after the I-94 expires provided that she made a lawful entry in the first place.

The questions remain.

Upon entry in her dealings with the CBP officer: Was she asked if she had any intention to file for adjustment? Was she asked if she had a USC relative in the U.S. that would file for her immigrant visa?

An I-131 is used in this context to apply for Advance Parole. It may take 3 months or more just to get the AP. The AP does not require fingerprinting but the other forms do. Also, depending on the office you deal with for interview, that interview could be scheduled in 4 to 8 months (they generally are advertising 5 months but let's be realistic). Travelling without AP kills the adjustment and Consular Processing is required.

Also, even if she stays to get fingerprinted, depending on the condition of her fingers, the prints could have to be done a second time. Can she afford to fly back and forth several times and will things back home be OK to be left undone for so long?
 
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