Can my mother stay? (Merged threads)

[powerpuff 6,682]

Related threads merged.

 

VJ Moderation 

[SalishSea 17,801]

12 hours ago, LissJoey said:

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. 

 NO, this would be FRAUD.   She cannot enter with the intent to adjust status.   You need to petition her for properly for an immigrant visa if she wants to go back home.

[Dashinka 24,480]

On 8/11/2024 at 1:09 AM, LissJoey said:

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. 

If she has left the US, the I485 is no longer an option as she cannot re-enter with the intent to stay and adjust status.  Also, she may face more scrutiny with her next entry as there may be a record that you already attempted an I485 with her.