Can I apply for a green card for my mother before she comes to visit? 15 Answers as of September 07, 2012

My Mom is coming to the US in three weeks. Can I file for her green card immediately after she arrived or do I have to wait for 3 months before I can apply for green card for her? I am a US citizen.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You will need to wait at least 90 days after she enters the US so as not to be considered misrepresentation at the time of entry on her part.
Answer Applies to: California
Replied: 9/7/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You can technically apply after her arrival. Immediately as you put it.

The reason someone might have told you to wait is that if you did it immediately, the ISO processing your application might think that her application was pre-planned in order for her to circumvent the waiting period at the Consulate and that she lied on her application for a B1/B2 visa in order to get immigration benefits. Waiting a bit doesn't hurt.
Answer Applies to: California
Replied: 8/26/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
If your mother enters the United States with a tourist visa intending to seek permanent residence, she can have serious problems. It is important to process the petition through the consulate if she intends to immigrate.
Answer Applies to: New York
Replied: 8/19/2012
Coane and Associates
Coane and Associates | Bruce Coane
There is no specific law about that. Sometimes, DHS raises a "fraud at entry" issue, but I've done it within a week of arrival and still had it approved. It's all discretionary, however, and really boils down to intent at time of entry.
Answer Applies to: Texas
Replied: 8/19/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
That would be fraud. Rather, she should do consulate processing. *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed.
Answer Applies to: California
Replied: 8/18/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You will want to be careful regarding fraudulent entry issues. If she is using a visitor visa with the intention of staying in the US she may be denied entry. If she files immediately after arrival that can also bring up issues regarding her intent at time of entry. You will want to consult with an attorney to fully discuss timing and your best options.
    Answer Applies to: Washington
    Replied: 8/17/2012
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    It appears that your mother deceived the U.S. consul when she asked for a visitor's visa while knowing that she would be coming to the U.S. to stay permanently. USCIS calls it a visa fraud. If this fraud is detected, your mother will be required to leave the U.S. and will not get another visa. By filing an immigrant visa application before our mother is in the U.S., you create a clear possibility that she will be denied entry and her visitor's visa will be cancelled. If you file an immigrant visa application before your mother is in the U.S. for 3 months, USCIS is likely to view the petition as evidence of your mother's "immigrant intent" and visa fraud, and you will have very difficult time proving them wrong.
    Answer Applies to: New York
    Replied: 8/17/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You should wait at least 2-3 months after her entry before she applies for adjustment of status. Are you at least 21 years of age.
    Answer Applies to: Texas
    Replied: 8/17/2012
    Law Offices of Alan R. Diamante, APLC
    Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
    She cannot enter on a tourist visa with the intent to stay permanently. However, she can make the decision afterwards. If she decides to stay, she can apply afterwards. There is no 90 day rule per se.
    Answer Applies to: California
    Replied: 8/17/2012
    Law Office of Eric Fisher | Eric Fisher
    You should wait 90 days to avoid a finding that she entered with the intent to stay. She must be able to tell the inspector that she is honestly only coming to visit. You file an I-130 petition for her and she files the I-485 application for adjustment.
    Answer Applies to: Colorado
    Replied: 8/17/2012
    Namita Agarwal
    Namita Agarwal | Namita Agarwal
    If she is coming on a B1/B2 visitor visa, it is wise to wait some time before applying for her because such visas require non-dual intent, meaning she cannot enter the U.S. with the mindset of remaining permanently.
    Answer Applies to: Massachusetts
    Replied: 8/16/2012
    Law Office of Bijal Jani | Bijal Jani
    You may file for her petition while she is here, but the application should indicate what consulate overseas she will appear at for the interview. It should be noted that she should leave the USA before her current visa expires to ensure proper processing.
    Answer Applies to: New York
    Replied: 8/16/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It sounds like you are very foreign to the process. Green card process can not be initiated whether your mother is here or not. Something else has to be done first. The best bet for you is to hire an attorney to help you.
    Answer Applies to: Florida
    Replied: 8/16/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    I would recommend that you wait a month or two before filing (otherwise it can look like she came to stay and that would be a problem on a tourist visa). You should consult an experienced immigration attorney. The timing of the filing can make a difference between getting the green card or not. And if you do the paperwork a certain way, you can even get an approval without an interview : ).
    Answer Applies to: California
    Replied: 8/16/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    You should not apply to sponsor your mother prior to her visit as she is not suppose to have immigrant intent on a visitor visa (B-1/B-2). It would be best to apply after her return to her home country. You should contact am immigration attorney such as myself or another of your choice for further information.
    Answer Applies to: California
    Replied: 8/15/2012
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