I-130 while parent in USA but visa entry expiring (Urgent)

S

saroopsandhu82

New Member
Hi,
I have filed I-130 petition for my mother who is currently in the US and the petition is still in process. My mother's entry into the US is expiring soon and I' don't think that the petition will be approved before that. So my question is can she stay here after her entry expires? and if she can't then can she come back and visit me again while this petition is still in process or approved after she has gone back? and if she can come back then can I apply for adjustment of status while she is here?

Thanks,
Saroop
 
I-130 by itself doesn't give her any legal status.

Don't plan on having her leave the US and then reentering to file for adjustment of status. She'll probably be refused entry with a tourist visa because of the pending I-130 and/or because she already spent so much time in the US in tourist status. If she's going to file for adjustment of status, she should do that ASAP. File the I-485 ASAP along with Advance Parole, and then she must stay in the US until the AP is approved (or the green card itself).

However, if she wants to pursue the process outside the US through a consulate, she should leave without filing the I-485. If you didn't choose adjustment of status for question 22 of the I-130, the case will be forwarded to the consulate after I-130 approval.
 
Last edited by a moderator:
You must log in or register to reply here.
Top