Can my mother visit me here in the US while her I-130 is being processed? 2 Answers as of July 14, 2011

Hi. I am a naturalized citizen and I have applied for a I-130 (GC) for my mother which is currently being processed. She wishes to visit for 6 months later this year. She already has a 10-year visitor's visa. I am concerned that there is a high probability she will be turned back at the POE because the application is currently in progress. With so many costs to consider, I would like to be aware of options and potential outcomes. I cannot find much of anything that is not in legalspeak on the UCIS website concerning entry into the US while an I-130 is being processed. Any info/suggestions would be much appreciated.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The only way to find out is to let her fly to the US since she has an entry visa to the US. You are correct that normally once there is an immigrant visa being processed for a person, that person will generally not be allowed a nonimmigrant visitor's visa. In your case, she already has it, i.e. she is entitled to request admission to the US upon presenting that entry visa. Who knows, maybe she has a very compelling reason why she is visiting her daughter in the US at this time. The problem is that you put the cart before the horse by filing for her I-130 prior to her getting here. It would have been a lot easier had you done it afterwards. Good luck!
Answer Applies to: California
Replied: 7/14/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
As you said it yourself, there is a strong possibility that she will be turned around. We have had cases that they have disclosed everything to the inspector and showed that there is no intend to immigrate and the stay is temporarily and justified, but that also depends on the inspector to believe you.
Answer Applies to: Nevada
Replied: 7/13/2011
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