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We’re trying to petition my Mom who is here in the US on a…

We’re trying to petition...

We’re trying to petition my Mom who is here in the US on a tourist visa to adjust her status but we heard about the 90 day rule. So with that said, do we wait 90 days before doing so?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

We started the I-130 application thru CitizenPath, an online assistance website to prepare USCIS paperwork. But I didn’t mail it yet thru USCIS office.

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

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

No not really. I think that’s about it. Thank you.

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Answered in 5 minutes by:
3/16/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,815
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 4 months ago
Ok

Yes, it is recommended that she does wait 90 days before submitting the forms. Remember it's not only the I-130, you must also send the G-325a, I-485, I-864 and I-765 if she needs a work permit.

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 review of applications from an actual attorney who works on these cases everyday, I can send you an offer to exchange contact information so I may help you with these legal services for a very 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.

Good luck to you and I hope this answer has helped you.

Please kindly click "Finish by RATING" and choose a rating from the STARS ★★★★★. The question will NOT finish or close after you click and rate me. DON'T WORRY. It will stay OPEN after you rate me and I can continue to answer your follow up questions at no additional charge, if you have any.

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Again, if you have additional follow up questions for me, please ask and I will be happy to clarify. Your satisfaction is my #1 goal.

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Customer reply replied 4 months ago
Would it be better for my mom to apply for the adjustment of status while she’s here in the United States, the reason why I asked because she only stays here for 6 months (tourist visa )and she will need to go back home (Philippines) on August 13, 2018.
Customer reply replied 4 months ago
FOR JEN

Once she submit the applications, she should not leave the US until she gets a travel document, or else the whole thing will be abandoned and she will lose the money. Right now it is taking about 3-5 months to receive a travel document for her to be able to leave the US while the case is pending. That is around August. If you think that is cutting it too close and rather not take the risk if she needs to leave by August, then it is better to send only the I-130 now (you don't have to wait 90 days if you do it this way) and finish the process outside the US. The process will take total about 9 months to a year from the time you send the I-130. It is up to you .

I hope this clarifies your doubts and hope you can kindly leave a positive rating.

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Customer reply replied 4 months ago
to clarify, if we have started the adjustment of status application and she will have a notice of pending status from USCIS. Will she be allowed to stay in the US beyond the 6 months term of her current tourist visa irregardless of the travel document and not be in violation of her status?

That is correct.

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Customer reply replied 4 months ago
G-325a, I-485, I-864 and I-765 if she needs a work permit.- from you. How about Form I-693 (report of medical examination and vaccination record)

Yes but that is not filled out by her. That is done by a doctor.

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Customer reply replied 4 months ago
When we file for my mom’s adjustment of status do we use the petititioners adress as her adress or her adress outside of the US?

Petitioner's address in the US.

I hope this has helped you and hope you can now kindly issue a positive rating.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,815
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
Jen Marie, Esq. and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
I can go ahead and file her I-130 application and mail to USCIS then wait for 90days after and send the rest of the forms?
Customer reply replied 4 months ago
Thats my last question. Thank you for your help.
Customer reply replied 4 months ago
Hello?
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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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