question on green card sponsor

J

Jyothi_golkonda

New Member
I am a US Citizen. I want to sponsor green card for my mother
who is currently in US on a tourist visa. I have a couple of questions?
1. Can she stay in US after I've filed green card for her?
2. Can she leave US if it is necessary and then come back while
her green card is in process?
3. Is there a travel document that can be filed while filing for her
green card which would let her leave the country and come
back while the green card is in process?

Thanks
 
I am a US Citizen. I want to sponsor green card for my mother
who is currently in US on a tourist visa. I have a couple of questions?
1. Can she stay in US after I've filed green card for her?
She can stay after filing I-130/I-485.
2. Can she leave US if it is necessary and then come back while
her green card is in process?
She can but she needs a travel document called Advance Parole to seek re-entry into US.
3. Is there a travel document that can be filed while filing for her
green card which would let her leave the country and come
back while the green card is in process?
See previous answer.
Thanks [/B][/QUOTE]
 
Hi nkm-oct23, i have a question.

if AP is filed when B2 is valid, but approved when B2 has expired, can one use AP?

I heard that AP could not be used if AP is approved (or applied, not sure about this) 6 months after B2 expiration date? Because 6-month overstay will bar the person from entering US for 3 years.
 
Originally posted by takealook
Hi nkm-oct23, i have a question.

if AP is filed when B2 is valid, but approved when B2 has expired, can one use AP?

I heard that AP could not be used if AP is approved (or applied, not sure about this) 6 months after B2 expiration date? Because 6-month overstay will bar the person from entering US for 3 years.
Click to expand...

AP is NOT connected to B2 or any other non-immigrant visa. When you file I-485, you are considered to be in adjustee status from that day on. If you applied for I-485 before expiration of I-94 (not B2 visa) you are OK. If you get AP, you can use AP regardless of B2.
 
Re: Re: question on green card sponsor

nkm-oct23,

And what about the whole intent stuff. Won't her mom have problems with changing the intent of the visitors visa?

Originally posted by nkm-oct23
I am a US Citizen. I want to sponsor green card for my mother
who is currently in US on a tourist visa. I have a couple of questions?
1. Can she stay in US after I've filed green card for her?
She can stay after filing I-130/I-485.
2. Can she leave US if it is necessary and then come back while
her green card is in process?
She can but she needs a travel document called Advance Parole to seek re-entry into US.
3. Is there a travel document that can be filed while filing for her
green card which would let her leave the country and come
back while the green card is in process?
See previous answer.
Thanks
Click to expand...
[/B][/QUOTE]
 
Intent wont be a problem :
a) As long as she was interviewed at the time of entry by INS and she didnt lie there.
b) Follow the 30/60/90 rule and she will be fine. I know of lot of cases when people have done this.

goodluck..
 
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