I am usa citizen my mom came here visitor visa and i put file for greencard can she visit outside country while processing?
3 attorney answers
It depends on what was filed.
Talk to an immigration attorney via Skype before letting her leave the US.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
In fact, even filing for your mother must be done properly as filing immediately after he arrival on a visitor's visa will trigger a dual immigrant purpose and immigration fraud rationales.
Secondly, leaving the United States with an adjustment pending will render that Beneficiary's inadmissibility on a dual immigrant purpose grounds. Is she an Indian national, incidentally?
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It depends on whether you filed an I-130 and I-485 or only I-130 and whether she has a valid visa. If you only filed an I-130 and she has a valid visa, she may travel and attempt to come back, whether cbp will let her re-enter is an entirely different monster on its own. If you filed I-130 and I-485 and she travels without the approval of an advance parole then her I-485 will be deemed abandoned and she may have the same issues re-entering as I outlined above. Needless to say this she should not undertake international travel without consulting with an immigration attorney and understanding all her risks.
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