I am a U.S. citizen and My mother has a visitor visa. She is in USA currently and I filled I 130 petition for her, unknowingly about the concurrent filling of both I 130 and I 485 together. Now I want to file her I 485 adjustment of status so she can stay here with me and complete her immigration proceedings, her visitor visa expires in January 2019. Can I file both application separately or should I write letter to USCIS? Is it too late? Please guide me how can I proceed with concurrent filling.
Don't look at the visa. Look at her I-94: www.cbp.gov/i94
Is she willing to stay in the US ... WITHOUT VISITING HER HOMELAND .... for about 1-1/2 to 2 years?
Consider a Skype consultation with an attorney ... you might be making other mistakes.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 35 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If she has entered the USA on a visa and was inspected at the port of entry, she should have an admission stamp in her passport. If you are a USC, you can petition for her and she can seek adjustment based on that petition.
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In addition to the information in previous responses, note that when a foreign national enters the U.S. with a visitor's visa (which requires "nonimmigrant intent") and soon afterwards applies for adjustment of status, the USCIS may question whether she fraudulently used her visitor's visa while actually having "immigrant intent." It would be wise for you and your mother to consult with an immigration attorney.
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