Can I apply for my mothers green card while she is here on a 10 years visa? 10 Answers as of January 16, 2011

My mom was granted a 10 years visa, she will be coming in February 2011. Can I apply for her to get her green card while she is here in the States or should I wait until she goes back home and then fill her I-130 out? Or should I start the I-130 now? She will be staying in the US for up to 6 months. What is the best option? Thank you.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If you are a United States citizen over the age of 21 you can file a petition for your mother and there would be a visa available for her immediately. You should wait until she is here to begin the process since you don't want the immigration officer in the airport to think that she is coming with an immigrant intent.
Answer Applies to: Florida
Replied: 1/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am assuming, based upon your referring to your mother's visa as a 10-year's visa, as a B-2 travel visa, where she has a valid visa for up to 10 years, but she can only stay for six months or less, depending on what the port of entry official stamps on her I-94 form on her passport, and on her visa card. The fact is that, if you attempt an I-130 petition, you could get it approved, but your mother must go back home before she applies for adjustment of status. Once she applies for adjustment of status, it is unlikely that she will be able to return with a B-2 visa, because the CIS will see that an adjustment of status application is on file, and they will assume that she would be entering the country to stay permanently. And if she just stays while attempting to adjust status, she is likely to be denied for being engaged in visa fraud, for she had stated she intended to return at the end of her B-2 visa. However, if done right, the visa should be granted within 6-9 months, for she is not subject to a priority quota, set by CIS. If you want to discuss the matter further, please feel free to call or e-mail me to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
This is a complicated question because when she comes in February she is coming as a visitor and must have nonimmigrant intent to return to her home country. If you apply the I-130 for her before she comes there is a chance she will be turned away at the border as the I-130 indicates a conflicting immigrant intent.

If she travels here fully intending to return and then after she gets here you both decide that it is the right time to sponsor her for permanent residency this is an option and both steps of the permanent residency application may be applied for her. Alternatively you can file the I-13 after she arrives but have her return as scheduled to consular process her application and come back as an immigrant once approved.

We would be happy to assist you both. Set up a time to consult and we can review the pros and cons of the various scenarios.
Answer Applies to: California
Replied: 12/28/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
Please consider applying for her when she is here for a visit. We would be glad to help you if you call our office.
Answer Applies to: Texas
Replied: 12/28/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
File the I-130 when she is here.
Answer Applies to: Tennessee
Replied: 12/28/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    If you are a US citizen then you could apply for your mother when she is here and she could apply for adjustment of status and remain here. However, since she is only coming to visit temporarily with her B2 visa she should not plan to misuse that nonimmigrant visa to really immigrate to the US; that would be immigration fraud. Please contact an immigration lawyer to advise on the best options.
    Answer Applies to: Florida
    Replied: 12/28/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Are you US citizen? If you want and eligible, you can start the process right now. If she is legally in USA while I-130 is approved, she can adjust status in US.
    Answer Applies to: Florida
    Replied: 12/27/2010
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    If you are an US citizen apply when she comes up.
    Answer Applies to: Florida
    Replied: 12/27/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    There is no best option, and which one you choose depends on many factors. If you mother's comes to the U.S. as a visitor in February with the intention of not leaving the U.S. because you will be petitioning her, she runs the risks of being denied a Green Card if the USCIS believes she lied when she came as a visitor. Filing a petition for her before she comes as a visitor could also cause problems when she arrives in the U.S. On the other hand is is not against the immigration law for
    a parent of a US who came as a visitor to be petition for her Green Card while in the U.S. I recommend you speak to an Immigration Attorney before making a decision.
    Answer Applies to: California
    Replied: 12/27/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    So long as you don't tell her that you are planning to file for her, and she does not enter with the intention of remaining here permanently, which would place her in the position of misrepresenting her intentions under her visitor's visa, I would recommend that you file for her after she arrives in February. Misrepresenting her intentions could jeopardize her adjustment of status. However, if she doesn't know and then arrives, it is perfectly legal for your to sponsor her and this route is much quicker (4 to 6 months) then filing an I-130 (10 to 18 months with consular processing).
    Answer Applies to: Massachusetts
    Replied: 12/27/2010
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