Can I file for my mother to be permanent resident while she is here in the US? 3 Answers as of June 11, 2013

My mother has a B2 visa and is visiting me in the US. Can I apply for her while she is here for permanent residence as I am a naturalized citizen?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Answer Applies to: Virginia
Replied: 6/11/2013
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Since you mother entered with a B2 visa, you can petition her and she can file for her permanent residence while in the US. This is called combined processing, and both the I-130 petition and I-485 application can be filed at the same time.
Answer Applies to: California
Replied: 4/11/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes, but not within her first 30 days as you will raise the issue of preconceived intent which will prevent you from filing for her. I typically advise clients that after 90 days you are good to go ahead and file.
Answer Applies to: Florida
Replied: 4/11/2011
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