Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My mother is in the US on a visa but we have decided to

My mother is in...

My mother is in the US on a visa but we have decided to apply for a permanent resident can she stay while we apply so she can’t stay or does she have to go back during this process

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

No we want to apply for I believe a I-130

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

No

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

No thank you

Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 1 minute by:
3/10/2018
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,035
Experience: Of Counsel at Jorge A. Fernandez, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What exact date did she enter the U.S.? You are a U.S. Citizen?

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
March 1st 2018
Customer reply replied 1 month ago
Her return flight is scheduled for April 6 2018. But we just found out that I am expecting for the first time and would really love her to stay and help me through my first pregnancy. Basically want to know can we do a multiple forms (I-130 and I-485) and she stay while it goes through?
Customer reply replied 1 month ago
I am her daughter a US citizen

Too early. If she applies within 90 days of entry, she could be slapped with a visa fraud charge for using a tourist visa when she really didn't have the intention to visit but to stay. So I would say about mid-June, file the following: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, proof of your U.S. Citizenship, proof of your mother's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
she would definitely have to leave in April or can we extend her stay and apply in mid June?

She should just stay. I wouldn't worry about her falling out of status. Once you file the I-485 for her, she would be placed into a stay authorized by the Attorney General. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
I won’t, 5 stars! Last question, let’s say she gets denied for the i-130 and she decides to leave would she still have her tourist visa to come and go since she over stayed?
Customer reply replied 1 month ago
Also since you say that she can stay, can she fly with in the US?

I don't see a reason that she would be denied the I-130 unless she wasn't your mother or you were not a U.S. Citizen. IF she was denied Adjustment of Status, she wouldn't be able to use a B-2, not for a very long while. And yes, domestic travel is the safest for her inside of the U.S.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,035
Experience: Of Counsel at Jorge A. Fernandez, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
This is her 3rd trip to the US. She has 10 year visa. She stayed for 5 months last time and when she arrived last week they interrogated her asking her questions and said she had to promise them she was not going to extend her stay. Does that change anything that we have discussed in this conversation?

Well, it can complicate things if they made notes in her file. If they think she committed fraud, that she had the intent to stay, then they could make you file an I-601 waiver for her to be forgiven for the fraud. The only safe way would be for you to file the I-130 now, that she leave on time, and wait outside the 6 to 9 months for Consular Processing to come back with an immigrant visa and no, she would not be able to visit during that time.

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
What do you think the best course of action should be? Overstay her visit and file the form in mid June or file for her and she leaves in April as promised?

Because of what happened at the port of entry, it might be safer for her to leave on time and do Consular Processing.

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
I agree. If we apply now and she leaves in April. Can we fly her back this summer while the application is still being processed?

No. Did you forget where I said, "...and no, she would not be able to visit during that time."?

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
Can she leave in April and come back in a few months and apply after the 90 days has passed or would that raise any flags?

She CANNOT come back on a tourist visa once you file the I-130 for her. Even if you don't, if she comes back too soon, they probably won't let her back in. They will probably want to see her stay out for a year or more before coming back. Sorry.

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,035
112,035 Satisfied Customers
Experience: Of Counsel at Jorge A. Fernandez, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

112,035 satisfied customers

Of Counsel at Jorge A. Fernandez, P.A.

< Previous | Next >

Related Immigration Law Questions
I'm thinking of applying for an immigration visa with my
I'm thinking of applying for an immigration visa with my Belgian passport, my aunt and uncles and grandma are us citizens, would I qualify under the family immigrant? … read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
I have been issued an immigrant visa and have entered the
Hi there! I have been issued an immigrant visa and have entered the United States. I want to know that is it 100% certain that the greencard will be mailed to me? What if my petitioner leaves the coun… read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
My two brothers and a sister, after an immigrant visa
my two brothers and a sister, after an immigrant visa interview in Islamabad Pakistan, were given 221 G. They kept the passports but asked for dad's domicile. One of my brother receibved his passport … read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
I petitioned for an immigration visa for my mother. It was
Hello,I petitioned for an immigration visa for my mother. It was approved and sent to NVC. I am now submitting civil documents. However, I found out that I cannot find the original copy of my birth ce… read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
My step father included me in his DV lottery immigrant visa
My step father included me in his DV lottery immigrant visa application in 2005. He filled 1986 as my year of birth. 4 years later I came across another birth record of my with another birth year of 1… read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
I have been issued an immigrant visa. However I will have to
Hey there! I have been issued an immigrant visa. However I will have to travel back to my home country for a few months after entering US. I want to know will my green card be abandoned if I am absent… read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
I am a visitor visa overstay (>1 year unlawful presence) and
Hello...I am a visitor visa overstay (>1 year unlawful presence) and I just today received my approval for my employment authorization (EAD) and advance parole, which I was able to apply for throug… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
I am an Italian citizen holding an immigrant visa to the US
Hello, my name is***** am an Italian citizen holding an immigrant visa to the US and I have a question regarding the process by which it is converted to a greencard. … read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
I am filing I-485 now and come to this question. I married a
I am filing I-485 now and come to this question. I married a US citizen before and have applied for I -485 since I wanted to apply for green card through marriage. But we then divorced and I didn't go… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
I came to the US on an Non immigrant Visa and married an
I came to the US on an Non immigrant Visa and married an american who left me here in Vegas and went to Boston, I have no address or information for his residence. He does not support me and has left … read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
An immigrant visa is currently in process for my daughter.
Hi - An immigrant visa is currently in process for my daughter. The embassy has approved to expedite the case from NVC as my daughter is about (6 weeks) to age out - for becoming a US citizen, as she … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have to apply for immigration visa for my son's wife who
I have to apply for immigration visa for my son's wife who is in Pakistan. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Is it better to apply for my wifes immigration visa here in
Is it better to apply for my wifes immigration visa here in the states or in her home country Indonesia? … read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
In the US on a non-immigrant visa, I married to someone
For Guillermo While in the US on a non-immigrant visa, I married to someone whose adjustment of status is pending, and his green card petition was based on EB-3. What are the steps to for me to become… read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
I petitioned for my sister for an immigrant visa and the
I petitioned for my sister for an immigrant visa and the petition was granted but she was told she has to wait for a visa to become available. The case is almost 10 years old and she is still waiting. The conditions of the her country are awful. Is there a way to expedite her case? … read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers
I have applied for my spouse immigration visa and her
I have applied for my spouse immigration visa and her prority date is near and my green card expiring on 14th feb, 2018. I just applied for i90 for renewal of green card and my fingerprint appointment… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
My wife will get her U.S. immigration visa really soon. I
my wife will get her U.S. immigration visa really soon. I have made travel arrangements, and she will have to go through Canada.My question is: will she need a transit visa? Or just an eta since her i… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
I have a friend that overstayed and the overstay van from
I have a friend that overstayed and the overstay van from the US will end in November 2018 we are marrying in a few days and wondering can he now come to the US as my husband? We are gay men marrying … read more
Guillermo Senmartin
Guillermo Senmartin
112,035 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x