Pending AOS and I130 for Mother

[Tanveer G 0]

Hi all, I am confused and could use some help here. My mother is here in the US on B2 visa. She has been visiting us lawfully for last 5 years and now her visa is expiring on January 13 2023. We looked at the dates for renewal the b1/b2 and thought it will take almost a year to get the interview. YES, we did find out that she might be able to waive the interview because it will be a renewal of b2 application BUT that was right after we applied her I130 and I485. We think it will be taking almost 2 years before she gets her AOS approved or denied. 

NOW she is getting panicked because she has other children back home and she wants to go back soon so she can be there for other children as she has always been for us. I have invested enough money on her both I130 and I485 applications and I am not sure what to do. We are also thinking because she applied for AOS already and even she leaves the country that might make a problem for her to get B2 visa in future.  USCIS does not give appointments in person from within the country. 

Any advise or help will be much appreciated. 

[Boiler 45,585]

Does she want to immigrate to the US or not? That is her call.

 

USCIS will interview her, that is the point of filing to adljust

[OldUser 6,775]

47 minutes ago, Tanveer G said:

NOW she is getting panicked because she has other children back home and she wants to go back soon so she can be there for other children as she has always been for us. I have invested enough money on her both I130 and I485 applications and I am not sure what to do. We are also thinking because she applied for AOS already and even she leaves the country that might make a problem for her to get B2 visa in future. 

You should have had a serious conversation with your mother before applying for the adjustment of status (green card). You should have explained how long it takes and what it entails. She cannot use green card as a visitor US visa. If she gets LPR status (green card) she should be spending majority of time in the US.

 

Now, you already rang the bell that cannot be unrung. She demonstrated the immigrant intent and that will make it difficult to obtain another B2 even if this case is withdrawn. I believe DS-160 for B2 visa asks a question whether anybody ever filed an immigrant petition for her. From now on, she will have to put Yes as the answer.

 

If she travels now, before AOS is completed, she's risking getting her B2 visa revoked AND inability to re-enter US. Depending when her latest I-94 expired, she may have accrued unlawful presence in the US, which can lead to 3 or 10 year bar (ban to enter the US).

 

Obviously, if she must leave, she can leave, but you would have to visit her back home or in third country instead of her travelling to the US moving forward.

 

 

Edited December 25, 2022 by OldUser

[nastra30 2,287]

Op, it seems doing adjustment for mom wasn't the right decision right now. Maybe, you guys can consider transferring her case to consular processing so she can leave to be with her children. As you are aware yourself her B2 going forward is going to be on shaky grounds.

[Ryan H 3,812]

Moved from Adjustment of Status from K Visas forum to Adjustment of Status from Work, Student, & Tourist Visas forum.