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Can my US citizen husband invite my mother to visit USA before we file for adjustment?

Baltimore, MD |

can my US citizen husband send an invitation to my mother to come to visit us in USA, if we didn't file for adjustment of my status yet and i'm currently out-of-status? will immigration go after me? and/or press me to file for adjustment?

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Attorney answers 2


There are no hard and fast rules on this. Applicants for visitor visas must declare whether they have family members in the U.S. and disclose their immigration status. If someone's relative is in the U.S. without status, that often says to the consular officer that people in the family may not be trustworthy or may be using visitor visas to try and relocate to the U.S. permanently, which is not allowed. Whether you file for adjustment or not, your mother will need to persuade the U.S. consular officials that she has a legitimate reason to visit the U.S., financial resources to support herself during the temporary visit, and circumstances that will compel her to return to her home country.

If you are out-of-status, you really need to consult with a good immigration lawyer.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950

Please visit our renovated website at, which allows client access to case status, enhanced information on services, and other convenient features.


There are no reasons for them to go after you. However, right now things are different, anything that seems suspicious will be investigated by ICE and related departments. There is a big chance nothing is going to happen but you can never be sure.

Good Luck
Shah Peerally

Founder and Managing Attorney of Shah Peerally Law Group PC
Law Firm Deals in Immigration law, Bankruptcy & Debt Relief
37600 Central Ct, Ste 201,
Newark CA 94560
Phone: 510.742.5887

Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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