Bringing parents..

[AngelineZ 0]

Hi everyone,

I have a question: I want to apply for a GC for my Mom. I heard that if she comes to US and we start a process here it will be much faster than if she is there. (Is this true, by the way?) My Mom has an open visa and can come here. My question is, if we apply when she is here, what will her status be after application? Will it be pending, or still on visa?

Thank you!

[Jojo92122 1,924]

It is unlawful to enter the US on a visitor visa with the intent to immigrate.

The best course of action is to file the I-130 and have your file file for an immigration visa.

[AngelineZ 0]

Thank you!

Well, she usually comes several times per year. I have a small child and my Mom loves her very much. Can she still come here for visits if I start the process with I-130?

[Jojo92122 1,924]

Thank you!

Well, she usually comes several times per year. I have a small child and my Mom loves her very much. Can she still come here for visits if I start the process with I-130?

Probably. Lots of people with impending immigration petitions are admitted to the US as visitors. Some do get turned back.

Your mom should have documents showing that she intends to return home to complete the visa process. Her travel history is a big plus since she has not overstayed on any of her trips.

[AngelineZ 0]

Probably. Lots of people with impending immigration petitions are admitted to the US as visitors. Some do get turned back.

Your mom should have documents showing that she intends to return home to complete the visa process. Her travel history is a big plus since she has not overstayed on any of her trips.

Thank you very much for your answer!

My Mom had an issue though. She first came here when my child was born. That was multi visa (I'm sorry if I don't spell it right) with multiple entries. She came 4 times on that visa and overstayed not the date of the visa ending, but the duration of her stay in US which she requested in the application for that visa. I remember she was told that the maximum duration of her stay will be finally defined by the officer at the entry. Every time she came here she got a stamp in her passport stating that she was supposed to leave the country within 6 month. We were sure that it was a right thing to follow and we did. But when that visa expired, she went for another one. The officer was very unhappy about the fact that she stayed in US much longer than requested, though he gave her another visa. He actually told her that she was not supposed to do so no matter what the stamp says, and if this happens again she will be denied next time. I'm a little bit concerned that this might be an issue. What do you think? Thank you very much again!

[JimVaPhuong 4,863]

Thank you very much for your answer!

My Mom had an issue though. She first came here when my child was born. That was multi visa (I'm sorry if I don't spell it right) with multiple entries. She came 4 times on that visa and overstayed not the date of the visa ending, but the duration of her stay in US which she requested in the application for that visa. I remember she was told that the maximum duration of her stay will be finally defined by the officer at the entry. Every time she came here she got a stamp in her passport stating that she was supposed to leave the country within 6 month. We were sure that it was a right thing to follow and we did. But when that visa expired, she went for another one. The officer was very unhappy about the fact that she stayed in US much longer than requested, though he gave her another visa. He actually told her that she was not supposed to do so no matter what the stamp says, and if this happens again she will be denied next time. I'm a little bit concerned that this might be an issue. What do you think? Thank you very much again!

Sounds like you're getting confused between a visa and an I-94 stamp. CBP officers don't hand out visas. You have to get those at a US consulate abroad. Visitors fill out an I-94 form on the plane before arriving in the US. CBP tears off the top of the form and keeps it, and then stamps the bottom of the form with the expiration date that determines how long the visitor is allowed to stay.

So, what exactly happened? Did she overstay the date stamped on her I-94? Or, did she leave and immediately come back? When was the last time she entered and left the US?

[AngelineZ 0]

Sounds like you're getting confused between a visa and an I-94 stamp. CBP officers don't hand out visas. You have to get those at a US consulate abroad. Visitors fill out an I-94 form on the plane before arriving in the US. CBP tears off the top of the form and keeps it, and then stamps the bottom of the form with the expiration date that determines how long the visitor is allowed to stay.

So, what exactly happened? Did she overstay the date stamped on her I-94? Or, did she leave and immediately come back? When was the last time she entered and left the US?

This story happened in the past, she now has another visa and already traveled several times on it.. I'm just a little bit worried that this story might influence her I-130 case. I know that the stamp and the visa are different things, I just don't understand why they are inconsistent and what the stamp is for if it should not be understood literally.

No, as I said before, she never overstayed the date stamped on her I-94. She overstayed the total amount of weeks which she requested originally in her visa application. Originally she requested something about 9 weeks in US and multiple entries. And she was told that the officer at the border will determine the total allowed time of her stay. Then we saw the stamps and thought that she might stay up to 6 months every time she was here. She was here 4 months TOTAL. So there's no way she might overstay the date on the stamp. Still they did not like it.

[Boiler 46,025]

They may be questing where she is living, the B2 is for Tourists.