I am US citizen , Mom came on visit visa. Has 3 months left in her stay. by applying can she get status while she waits for her I-130 to process. I am scared if they took long to process her application, she will get out of status
Your mother is an immediate relative of a U.S. citizen. She should be able to adjust status in the U.S. The petition and the application for permanent residency can be filed at the same time, You might want to contact an immigration attorney to help you with the filing. There are a few open questions in your case. Did she enter the U.S. with the intent to stay? What questions were asked when she entered the U.S. ? What was said when she applied for the tourist visa?
I would suggest consulting an attorney to make sure she is eligible before you begin with any applications. That being said, a person can switch from a B visa to another category however there are some issues with what her intent was for entering the country - another good reason to consult with an attorney.
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