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My mom is in the U.S. under a tourist visa until the End of…

Good evening, my mom...

Good evening, my mom is in the U.S. under a tourist visa until the End of March.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

We filed an I-130 form thaty they have received. We haven't gotten an answer from them but we were wondering if we need to submit the form i-489 for her to wait until they schedule an interview

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet not at all

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just need to know if we need this additional form in order for to wait for the interview in the U.S., without having to leave the country

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Answered in 5 minutes by:
3/6/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7,014
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 5 months ago
Thank you
Customer reply replied 5 months ago
Do we need to file any additional form if my mom wants to wait for the interview in the U.S. after her tourist visa is up? She's only allowed go stay here for 6 months, which it ends in April.

I am assuming you are a US citizen. If you mother intends to stay in the US to wait for her green card, then yes she must now file the I-485 with all supporting documents found on the instructions for your mother. USCIS has to receive this before her visa expires at the end of March. Otherwise she will be out of status. Once they receive her I-485, she will be in a temporary legal status awaiting the decision but she cannot depart the US while she waits otherwise the whole thing will be considered abandoned. This should have actually been done together with the I-130 but you can still do it now. If she does want to travel, then you should file form I-131 together with the I-485 for an advanced parole to travel. It takes 3-4 months to get that after sending the form in.

I know immigration issues like these sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with preparation or review of applications, I can send you an offer to exchange contact information so I may help you with these legal services for a reasonable fee in the future. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind for whenever you'd like.

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Customer reply replied 5 months ago
Awesome thank you so much

You're very welcome!

Please kindly remember the rating. Thank you :)

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Hi again, were you having any issues in leaving a rating?

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7,014
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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