Mom Visiting I94 valid, I485 package rejected. need advice.

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niceguy_nyus

Registered Users (C)
My mother in law is visiting us. She got six months. We filed 1485/130/i864/1693. Got rejected. She needs to go back. Is her visa cancelled ? can she re enter using the same visa ? or should refile and use advance payroll. her i94 expires jan 22nd, 08. Need help... please provide your comments. I will higly appreciate all the help I can get.
 
advance payroll! :D that made my day!...

Either way. You put in the signature and re-send it (they did not cash the checks right?).

Your mom can apply for Advance Parole (i-131) along with that packet you are sending for AOS. She must wait until she gets it approved (between 60-90 days) before leaving the country in order to return.

Your mom's visitor visa is not canceled. However, I doubt she will be able to re-use it to come to the USA again, as she has shown immigrant intent already and the officer at the POE will send her right back.

She can not come to the USA with a visitor visa WITH THE INTENTION of applying for Permanent Residency.
 
PraetorianXI said:
Your mom's visitor visa is not canceled. However, I doubt she will be able to re-use it to come to the USA again, as she has shown immigrant intent already and the officer at the POE will send her right back.
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If USCIS returned the application without cashing the check, I strongly suspect there is no evidence in the USCIS system that an application was ever made, hence I wouldn't foresee any problems continuing to use the B1/B2 visa.

Having said that, it is wrong to enter the US on a temporary visitor visa with the express intention of remaining permanently.
 
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