Apply while mother here or when she is outside the US?

[hellomms 16]

Hi, I am planning to file GC for my mother. She is planning to come to the US (on tourist visa) in October of this year, for a month. She will go back after that.

 

I am wondering if I should apply (concurrent?) when she is here or should I apply with I-130 now and go through the NVC process?  Any suggestions or advice would be great!

 

If I apply for I-130 now, will there be a problem if she tries to come here?

[aleful 1,905]

first it would be visa fraud with the intent to stay before she enters the country

 

you will file the i130 for consular processing

 

 

[geowrian 22,338]

Coming to the US with the intent to stay / adjust status would be clear visa fraud. Do not do this.

 

Edit: You can file the I-130 for her while she is in the US fine, but she should go through consular processing abroad for the actual visa.

Edited August 5, 2017 by geowrian

[Coco8 1,042]

19 minutes ago, hellomms said:

If I apply for I-130 now, will there be a problem if she tries to come here?

Does she already have a visitor visa? If not, it could affect her chances of getting one.

 

They might know when she comes in and could ask her to produce evidence of ties to her country.

 

(I agree about her having to go back, as you say she will)

 

 

 

 

[hellomms 16]

Thank you all, I did not know that filing concurrent would be a problem.  Thought that concurrent is for people who "are in the US" regardless of type of visa that had. 

 

She already has a Tourist Visa that she got last year and visited me once already. So if I file I-130 now and in October, if immigration officer sees at the airport that she had I-130 pending - this wont be a problem or considered as an intent to stay?

Edited August 5, 2017 by hellomms

[KULtoATL 1,551]

Here's the thing, if she's already in the US and you thought about filing AOS for her at the spur of the moment, that is fine. No visa fraud there because her intentions were purely tourism at the time of entry.

 

Now if she has an upcoming trip planned to visit you and you're already pre-planning to file AOS for her while she's there, that means she would be entering with a B2 with intent to stay or adjust. That, is visa fraud.

 

If you haven't filed the I-130 and you still want her to make a successful trip, perhaps let her make the trip and get home first before you file. With a I-130 pending, she might receive more scrutiny than usual at the POE. Can be stressful for an older person. Just my 2 cents.

 

ETA: Please ignore the bolded part because you already filed for I-130 You're asking about filing AOS. 

Edited August 5, 2017 by KULtoATL

[geowrian 22,338]

1 minute ago, hellomms said:

Thank you all, I did not know that filing concurrent would be a problem.  Thought that concurrent is for people who "are in the US" regardless of type of visa that had. 

 

She already has a Tourist Visa that she got last year and visited me once already. So in October, if immigration officer sees at the airport that she had I-130 pending - this wont be a problem or an intent to stay?

The problem isn't the AOS process itself - it's entering with immigrant intent on a visa that doesn't permit immigrant intent.

 

CBP will assess her intent at POE. Having a pending I-130 is not a cause for denial by any means (many people travel with a pending I-130 fine), but it does set a higher bar to show that she will return back home instead of staying/adjusting while in the US.

[hellomms 16]

Thank you both, this was quite helpful. She is coming to attend my wedding and will go back but I agree, I would not want to risk the trip or the stress.

 

I was not planning to file I-130 until I saw recently that Trump plans to ban the GC for parents. So wanted to do that before anything happened on the political end. 

 

PS: I have not filed I-130 yet

Edited August 5, 2017 by hellomms

[KULtoATL 1,551]

12 minutes ago, KULtoATL said:

Here's the thing, if she's already in the US and you thought about filing AOS for her at the spur of the moment, that is fine. No visa fraud there because her intentions were purely tourism at the time of entry.

 

Now if she has an upcoming trip planned to visit you and you're already pre-planning to file AOS for her while she's there, that means she would be entering with a B2 with intent to stay or adjust. That, is visa fraud.

 

If you haven't filed the I-130 and you still want her to make a successful trip, perhaps let her make the trip and get home first before you file. With a I-130 pending, she might receive more scrutiny than usual at the POE. Can be stressful for an older person. Just my 2 cents.

 

ETA: Please ignore the bolded part because you already filed for I-130 You're asking about filing AOS. 

Hey OP! I can be quite an idiot  I ran out of time to edit the comment for the second time. Anyhow, you haven't actually filed for I-130 so my original comment remains, the bolded part included.

 

[hellomms 16]

Just now, KULtoATL said:

Hey OP! I can be quite an idiot  I ran out of time to edit the comment for the second time. Anyhow, you haven't actually filed for I-130 so my original comment remains, the bolded part included.

 

Thank you

[KULtoATL 1,551]

5 minutes ago, hellomms said:

Thank you

All the best I hope she has a wonderful visit when attending your wedding. Congratulations to you!

[jakartausa 28]

Plus to file for a GC for you mom when the intent is not for her to live here "permanently" is a waste of time because the assumption is that she will remain here and not live in Pakistan. A GC is not a live here when you want or feel like it card. Nobody mentioned this yet so I wanted to throw it out there as I believe you may assume she can come and go as she pleases for however long she wants to and from Pakistan and she cannot. 

 

REMEMBER re Reentry Permits: Generally speaking, a reentry permit is not a guarantee. It is merely an official declaration of your intention not to abandon your green card. Normally, the govt. does not question it. But if there are facts that make them suspect that you either never established or never intend to establish permanent residence in USA, they can take you to immigration court to take away your green card.

Edited August 5, 2017 by jakartausa

[Sunnyland 639]

18 hours ago, KULtoATL said:

Here's the thing, if she's already in the US and you thought about filing AOS for her at the spur of the moment, that is fine. No visa fraud there because her intentions were purely tourism at the time of entry.

 

Now if she has an upcoming trip planned to visit you and you're already pre-planning to file AOS for her while she's there, that means she would be entering with a B2 with intent to stay or adjust. That, is visa fraud.

 

If you haven't filed the I-130 and you still want her to make a successful trip, perhaps let her make the trip and get home first before you file. With a I-130 pending, she might receive more scrutiny than usual at the POE. Can be stressful for an older person. Just my 2 cents.

 

ETA: Please ignore the bolded part because you already filed for I-130 You're asking about filing AOS. 

 

 

Exactly my thought. I do not think its a good idea to file for her before she even goes to visit you next trip. Wait until she goes back to her country. They might even let her enter US during POE if they see there is immigration process on going. 

[Ahmerfaiza 0]

Amazing