Is coming over to visit under a visitor's visa affect her green card processing? 9 Answers as of January 03, 2012

Visitor visa and green card are conflicting as one indicates she will return and the other indicate she will stay. The burden will be higher than normal for her to show she intends to return if visiting while her green card is pending but not impossible.

No, as long as she stays only within the time period permitted and returns to her home country.

She may still come, however the chances that she is allowed to enter the U.S. are pretty slim because she is already going through the consular processing steps. Immigration (Customs) have the discretion to return her back to her country of origin. If it is not an emergency, I will recommend that she stays home until the process is finished, especially if you are not doing the process with a legal counsel.

If you have already petitioned for her she may have difficulties entering the us as a visitor since your petition shows immigrant intent on her part.

She might get denied entry if the officer believes that she has an intent to stay. However, if she makes it in and decides to stay, she can complete her process for residency in the US.

Your mother can come to visit. Of course, every time that she enters the US she must establish that she is coming for the purpose described by her visa, which in this case is as a tourist. Therefore, she may be questioned at the port of entry concerning the purpose of her trip. If she can establish that she is a bona fide visitor for pleasure, and that she has the intent to return prior to the expiration of her authorized stay, then she would be admissible even if a visa petition is pending on her behalf. Good luck.

There is no problem. Just know that your mother may be questioned at the airport on her next visit and should confirm that she will return home to await her immigrant visa there.

As long as she leaves before the date stated on her I-94 arrival card she's fine.

There is no direct impact on an immigrant visa petition if the person visits the United States so long as they comply with the terms of their non-immigrant visa. That being said, there can still be some issues. The first issue that could be arise is as simple as she does not receive notice of a Request for Evidence or an interview time and fails to act accordingly. This can result in a denial of the immigrant visa and/or visa application. The second issue is your mother could be deemed to be an intended immigrant upon her entry into the United States. Customs and Border Patrol may consider your mother to have immigrant intent as a petition for permanent residence is pending on her behalf. This could result in the denial of her entry and summary removal. A summary order of removal typically includes a 5 year bar to admission. Your mother could later be accused of misrepresentation (i.e. attempting to use her non-immigrant visa with the intent to immigrate). In addition, the summary order of removal would result in additional forms being required including a hardship waiver and application for re-admission. However, your mother could also have no issues entering and exiting the United States. It will really depend upon the Customs and Border Patrol agent examining her at entry.