Can my mother stay? (Merged threads)

[LissJoey 0]

I have filed the I-485 and I-130 to have my mother with me in the U.S.  My mother has been in the U.S. since February 2024 and her 6 months is up in August 2024. While the paperwork is being processed, can she continue to stay in the U.S.?

[Crazy Cat 41,812]

As long as she filed a proper I-485, she is granted "authorized stay" in the US until the I-485 has been either approved or denied.  If she leaves the US without approved advance parole, she will abandon the adjustment of status.

***Moved to Adjustment of Status From Work, Student, or Tourist Visas***

[LissJoey 0]

Moving from Tourist Visa to Permanent Resident. 

[Crazy Cat 41,812]

4 minutes ago, LissJoey said:

Moving from Tourist Visa to Permanent Resident. 

I know.  I moved your thread to the correct forum, which is "Adjustment of Status From Work, Student or Tourist Visas". 

Adjustment of Status from Work, Student, & Tourist Visas - VisaJourney

 

[Boiler 45,445]

The question actually is can she leave.

[Sam Burns 155]

17 hours ago, Boiler said:

The question actually is can she leave.

Why? OP didn’t ask that…

[Dashinka 24,480]

4 hours ago, Sam Burns said:

Why? OP didn’t ask that…

The OP filed an I130/I485 for their mother.  If the mother leaves, the I485 is abandoned, so in effect the mother does not want to leave the U.S.

[LissJoey 0]

I am a natural citizen and I want to bring my mother to the US Permanently. She came from Costa Rica on 2/18/2024 and I filed a I-130. I also filed a I-485 but it was over a month and a half and I hadn’t heard anything so I was worried about the $1440 bank check being lost so I cancelled the check. A few days later I received a letter stating they received it and then was notified the I-485 was denied due to the bank check being cancelled.  My mother’s six month is up on 8/18/2024 but will come back on 10/4/2024.  If we file the I-485 when she returns, can she I am a natural citizen and I want to bring my mother to the US Permanently. She came from Costa Rica on 2/18/2024 and I filed a I-130. I also filed a I-485 but it was over a month and a half and I hadn’t heard anything so I was worried about the $1440 bank check being lost so I cancelled the check. A few days later I received a letter stating they received it and then was notified the I-485 was denied due to the bank check being cancelled.  My mother’s six month is up on 8/18/2024 but will come back on 10/4/2024.  If we file the I-485 when she returns, can she stay here legally until the I-485 is accepted or denied?  She we has a tourist visa already.  Can she stay here legally until the I-485 is accepted or denied?  She we has a tourist visa already. 

[LissJoey 0]

On 7/6/2024 at 11:11 AM, Dashinka said:

The OP filed an I130/I485 for their mother.  If the mother leaves, the I485 is abandoned, so in effect the mother does not want to leave the U.S.

It should have read:

 

I am a natural citizen and I want to bring my mother to the US Permanently. She came from Costa Rica on 2/18/2024 and I filed a I-130. I also filed a I-485 but it was over a month and a half and I hadn’t heard anything so I was worried about the $1440 bank check being lost so I cancelled the check. A few days later I received a letter stating they received it and then was notified the I-485 was denied due to the bank check being cancelled.  My mother’s six month is up on 8/18/2024 but will come back on 10/4/2024.  If we file the I-485 when she returns, can she stay here legally until the I-485 is accepted or denied?  She we has a tourist visa already. 

[Boiler 45,445]

No

[Nashmusah 29]

25 minutes ago, LissJoey said:

 

 

I am a natural citizen and I want to bring my mother to the US Permanently. She came from Costa Rica on 2/18/2024 and I filed a I-130. I also filed a I-485 but it was over a month and a half and I hadn’t heard anything so I was worried about the $1440 bank check being lost so I cancelled the check. A few days later I received a letter stating they received it and then was notified the I-485 was denied due to the bank check being cancelled.  My mother’s six month is up on 8/18/2024 but will come back on 10/4/2024.  If we file the I-485 when she returns, can she I am a natural citizen and I want to bring my mother to the US Permanently. She came from Costa Rica on 2/18/2024 and I filed a I-130. I also filed a I-485 but it was over a month and a half and I hadn’t heard anything so I was worried about the $1440 bank check being lost so I cancelled the check. A few days later I received a letter stating they received it and then was notified the I-485 was denied due to the bank check being cancelled.  My mother’s six month is up on 8/18/2024 but will come back on 10/4/2024.  If we file the I-485 when she returns, can she stay here legally until the I-485 is accepted or denied?  She we has a tourist visa already.  Can she stay here legally until the I-485 is accepted or denied?  She we has a tourist visa already. 

First of all,  you are not supposed to canceled the check for the payment,  your l-485 should have been through by now , but due to your cancelation of the check that bonds everything. 

[Daphne . 1,852]

No, as she is not in the US anymore, she is not eligible for an adjustment of status anymore. She cannot use her tourist visa with the intent to adjust status, she needs to go through consular processing. 

Edited August 11 by Daphne .

[EmilyW 1,434]

I'll defer to wiser heads, but would the border guys sees the intent to adjust status in her record if/when she tries to re-enter?

 

If so, your mom's entry may be more difficult next time around, because they will know she is entering with the likely intention to adjust, like the first time.

 

It might be easier just to do things the right way and use consular processing.

[D-R-J 192]

Is your mother still in the US now? If so, you can try to adjust her status again.

Once she leaves, she can’t come back on a tourist visa with the intent to adjust status.

[carmel34 3,620]

8 hours ago, LissJoey said:

My mother’s six month is up on 8/18/2024 but will come back on 10/4/2024.  If we file the I-485 when she returns

File a new I-485 tomorrow, before the six months is up, while she is still in legal status.  She will be in a period of "authorized stay" while the new I-485 is pending.  If she leaves on August 18 or before, she will have to go through consular processing for an immigrant visa.