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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

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Answered in 1 minute by:
3/10/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,800
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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?

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Customer reply replied 5 months ago
March 1st 2018
Customer reply replied 5 months 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 5 months 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.

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Customer reply replied 5 months 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!

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Customer reply replied 5 months 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 5 months 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
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,800
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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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!

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Customer reply replied 5 months 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.

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Customer reply replied 5 months 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.

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Customer reply replied 5 months 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."?

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Customer reply replied 5 months 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.

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