Will filing an i-130 prevent my mom from visiting the US during the application?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will filing an i-130 prevent my mom from visiting the US during the application?

My mom lives in Canada. I want to petition with the i-130 to have her immigrate
to the US. Before I start the process, I need to know a few things. 1 if I file
the petition, is she still allowed to visit the US while the application is in
process? both my sister an brother are expecting new babies soon, and our mom
wants to visit them. 2 If she is already visiting in the US, can we start the
application while she’s in the US and file for a change of status? Thank you

Asked on November 15, 2016 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can file when she is already in the US but you cannot do that within about 90 days of her entering so that it does not look like misrepresentation of immigrant intent at the time of entry.  If she has been here for about 90 days, then it is safe to file.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption