Can I file I 130 for my mom if she plans to travel to home country soon and may come back in 6 months to United States Again?
Hello,
My mom is currently in United States and I would like to file GC for her. However, she does not want to wait here for 12-18 months until she gets her Green Card as she has some work to wrap up in India. I was thinking about filing I -130 right now, and adjustment of status in USA. Hopefully, by the time she comes again next year, it will be approved or close to being approved so that I can file adjustment of status. However, I am concerned whether she will be denied entry if she were to come again on a B1/B2 visa due to immigrant intent as pending or approved I 130 application. Also, since she is from India, consular processing might take few years and she would like to come next year to see us so that seems complicated as well. Will appreciate any guidance
If done properly keeping the travel in mind, the objective can be achieved. However I do not recommend doing this without attorney counseling and representation. Good luck!
Responses provided are general in nature and to be construed as informational (not legal advice), given that not all facts are known. Answering this question does not create attorney-client relationship.
Yes, you can file I-130 now, but it will likely prevent your mother from re-entering on B1/B2 visa due to immigrant intent issues. A pending or approved I-130 demonstrates immigrant intent, which directly conflicts with B1/B2's requirement of nonimmigrant intent. Your best options are: 1) File I-130 now and have her stay in the US through the entire adjustment process, or 2) Wait to file until her last visit when she's ready to stay permanently, or 3) File for consular processing and accept she likely cannot visit on B1/B2 while it's pending. The "file now, leave, and return later" strategy you're considering is the riskiest option.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
You are right to be concerned whether she will be denied entry if she were to come again on a B1/B2 visa due to immigrant intent as pending or approved I-130 application. Possibly file an I-130 and I-485 at a later time.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Can I file I 130 for my mom if she plans to travel to home country soon and may come back in 6 months to United States Again?
If you file an I-130 for her and she files an I-485 packet, she can travel abroad and return to the US on an advance parole.
Please see https://www.avvo.com/legal-guides/ugc/how-to-adjust-your-status-to-permanent-resident
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
Asker
From What I read, advance parole is only for emergency travel.
Asker
Moreover, a lot of people on reddit are saying that they are not getting advance parole approved at all for family based immigration. Again, its on reddit so might not be a majority
