Asked in Immigration Law

Q: Applying for a Green Card for my mom under US citizen family sponsorship (daughter). Mom is currently out of US.

Is there a way to get her into the US and then apply for in the states and have her wait in the US during processing of her Green Card or are we stuck with processing through local US consulate? I read that tourist visas cannot be utilized for this purpose. Thank you

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3 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: If you wish for your mother to enter the U.S. with a non-immigrant visa and then apply for adjustment of status then she should be in possession of a “dual intent” visa such as the H-1b, L-1, etc.

The B-1/B-2 visitor visa is not a “dual intent” non- immigrant visa and entry into the U.S. for purposes of adjustment of status can be problematic due to an issue of pre- conceived intent to immigrate.

If your mother is not elegible for a “dual intent” visa then she should plan to apply for the immigrant visa at the U.S. consulate after the relative petition is approved by USCIS.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: So if mom travels here on a visitor visa, she is only allowed to stay temporarily, and thus is not able to adjust status as that would be considered preconceived intent. She could always be sponsored by you if you are a US citizen over 21, and she could process at the US consulate in her country. The process takes about 18 months from the time that you file and then she could travel here on a green card and remain here permanently.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The correct way to do is as you have described—file the visa petition, wait for it to be approved. Then your mother can file an application for an immigrant visa.

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