I am a US citizen, My mother is in India. While she was here on B2 Visa I applied I 130 for her, it got approved. Then I applied for I 485. Since she was here we waited for interview and biometrics, but by the time we received the interview date she had to leave for India. Later we got I 485 denied as she missed the interview. Now can I use the same I 130 to file I 485 for her again while she is in India? Or I have to file I 130 again? Note: She did overstay on B2 but I had applied for an extension and had the receipt for the extension application. The extension was also approved after she left.
I-485 is not filed for persons not in the U.S. They can consular process provided there are no inadmissibility issues.
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An applicant for adjustment of status must be in the U.S. The other way to get an immigrant visa, besides adjustment of status, is consular processing.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Adjustment of status is only for people in the US. Your mother needs consular processing but first you must file a I-824 to get the approved I-130 transferred to the National Visa Center.
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