I-130 for my parent

A

amira1111

Registered Users (C)
hello! :) I would like to get an advice about I-130 for my parent.
( I am applying US citizenship right now)after I become USA citizen I am thinking to apply I-130 for my mother

I have question that

1.can apply I-130 for my mom after she come USA?
if so, dose she have to get B2 visa?

2. is it impossible to apply I-130 if she doesn't have visa?
is she able to apply I-130 while she is in USA with Visa waver (which it only the 3 month sight seen visa
it's up to 90 days , I guess it's called visa waver )


3.or she has to wait in her country?


my mom is old , so I 'd later to apply I-130 after she come USA.

please give me any advice.
thank you very much for reading this post!
 
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Regardless of the age of your mother, the correct way to get her a GC is apply for her I-130 and then go through consular processing (CP) with her outside the country.

Any other variation, especially those involving a visa waiver, are not really permitted. Strictly speaking a B1/B2 visa and most definitely the visa waiver program, do not allow a person to enter the country with "dual intent". i.e. saying they are visiting temporarily, but intending to apply for adjustment to immigrant status.

With that said, people frequently do succeed in adjusting from visitor visas (B1/B2) to GC, but they can expect harsher questioning during the interview, especially if they applied for AOS sooner than 90 days from entering the country. May I suggest you do some research, particularly on the "30-60-90 rule" (which actually isn't a rule at all).
 
hi!boatbod, thank you very much for responce with my question.
what ploblem is that it's hard to get B-2 visa when elder people
trying to get in my country now.
I did serach 30-60-90 rule but I got confused ;-(
I thought even she come to US with visa waiver
she is ablele to apply I-130 ( also I-485??)
am I wrong?
 
amira1111 said:
hello! :) I would like to get an advice about I-130 for my parent.
( I am applying US citizenship right now)after I become USA citizen I am thinking to apply I-130 for my mother

I have question that

1.can apply I-130 for my mom after she come USA?
if so, dose she have to get B2 visa?
Yes she has to have a visa before coming to the US of A.

2. is it impossible to apply I-130 if she doesn't have visa?
No, you can file a Petition for Alien Relative for her, then she can apply for an immigrant visa at the Consulate. She then has to wait.

is she able to apply I-130 while she is in USA with Visa waver (which it only the 3 month sight seen visa
it's up to 90 days , I guess it's called visa waver )
No, she cannot. That will be considered immigration fraud

3.or she has to wait in her country?
Yes, unfortunately

my mom is old , so I 'd later to apply I-130 after she come USA.

please give me any advice.
thank you very much for reading this post!
Click to expand...

Nobody is going to give you advice on evading immigration laws, at least not on this forum. I suggest you do some more research or go to www.uscis.gov for more information.

Why don't your parents come on a visit first to see if they would like to live here, then go back and do it the right way.
 
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I agree. Do things the right way. I have been through it and I am now reunited with my family. Sure we had options of doing something wrong to bring my wife here sooner but we opted to wait it out no matter how hard it is. If your mother is eligible under the visa waiver program at least she can come to visit you every so often. I didnt have that luxury.
 
I agree with the posters above. But he CAN file I-130 for her without her having a visitor visa.

It will make it harder to get a visitor visa once an I-130 is filed on her behalf though. :p
 
asPapi,thank you very much for your answer ;-))
I am getting understand bit more .
I don't want to aginest law! I guess seems like she 'd better wait GC in her country.

BTW I didn't understand well enough about B-2 meaning well.
I did take look USA Embassy site and it has writing that if person travel less 90 days don't need B-2Visa.

if the person stay longer than 90 days( up to 180days) need B-2.
OR person can't travel with Visa waiver for some reason
also person visit family member US and want to saty more than 90days
to have medical treatment in the USA/person music industory ( musician)/business meeting /business/

visa waiver section has writing that my country is allow to come to USA without tourist visa
it's call Visa waiver up to 90days.
( it's listed visa waiver about 27 country like Germany.UK.France.Brunei.Austrasia.Spain etc...
the site has writing Korean citizen need B-2 Visa)

*many citizens from Visa Waiver Program countries can come to the U.S. without a visa if they meet certain requirements. Visa waiver travelers from ALL 27 Visa Waiver Program countries must present a machine-readable passport at the U.S. port of entry to enter the U.S. without a visa, otherwise a U.S. visa is required



from the site,my country's B-2 is more for buisness visit /travel more than 90days.
am I missing something?


sassonyc , thank you very much for your post and I am glad to hear that now reunited with my family!
you must be happy now!!!


PraetorianXI thanks lot for your reply!
immigration thing is so confuse me. so I will get lawyer when I file GC for my mom.

all of you thank you very much again for nice advice.
 
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Good luck to you. I am very happy to have my family here. It has been over a week now and everyday I thank God
 
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