Austin, TX asked in Immigration Law for Texas

Q: I recently became a US citizen, can I apply green card for my mother, who arrived in the US on July 2023 with a B2 visa?

My mother (I am her biological daughter) arrived in the US on a B2 tourist visa for the second time on July 4th, 2023, and I am a US citizen. Can I apply for her Green Card before 90 days ( DO NOT FOLLOW 90 DAYS RULE, because my purpose is save time for the green card process) arriving in the U.S while she is in the US and can Form I-130 and Form I-485 be filed concurrently for my mother's situation? and is it controversial if I skip 90 days rule?

also What would happen if I apply for her Green Card before her tourist visa expires, and I don't receive any updates from the citizenship office regarding the status of her application? Should she consider leaving the US because b2 will be expired on January 4th 2023?

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2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: Congratulations on becoming a US citizen! It's great that you want to help your mother obtain a green card. Let's go over your questions step by step:

1. Can you apply for your mother's Green Card while she's in the US on a B2 visa?

Yes, as a US citizen, you can apply for a green card for your immediate family members, including your mother. However, there are certain requirements and processes to follow.

2. Can Form I-130 and Form I-485 be filed concurrently for your mother's situation?

Yes, it's generally possible to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently for immediate relatives, including parents of US citizens. This allows your mother to potentially adjust her status to a green card holder without leaving the US.

3. Can you apply for her Green Card before her tourist visa expires?

Yes, you can apply for her green card before her tourist visa expires. In fact, it's often recommended to begin the application process as early as possible to allow for ample processing time. Filing Form I-485 while her B2 visa is still valid could potentially allow her to remain in the US while her adjustment of status application is pending.

4. What happens if you apply for her Green Card and don't receive updates?

It's common for green card applications to take some time to process, and USCIS may not provide immediate updates. Your mother can remain in the US while her application is pending, even if her B2 visa expires, as long as she has a pending Form I-485 and does not violate the terms of her visa (such as working without proper authorization). If she needs to travel internationally while her application is pending, she should apply for an Advance Parole document to re-enter the US without abandoning her adjustment of status application.

If she doesn't receive any updates, it's a good idea to reach out to USCIS through their customer service line or online tools to inquire about the status of the application.

5. Should she consider leaving the US if she doesn't receive updates?

Leaving the US while her green card application is pending can have implications. If she departs the US before receiving Advance Parole (travel authorization), her adjustment of status application could be considered abandoned, and she might not be allowed to return. It's best to consult an immigration attorney or seek advice from USCIS before making any travel decisions.

Navigating the immigration process can be complex, so it's strongly recommended to consult with an experienced immigration attorney who can provide personalized guidance based on your mother's specific situation and any potential changes in immigration policies beyond my knowledge cutoff in September 2021.


2 users found this answer helpful

Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: You can file I-130 and she can apply for I-485. I suggest doing this after 90 days from arrival. Better to work woth an immigration attorney.

1 user found this answer helpful

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