I-130 for parent. Help!

[TanyaBelka]

Hello, I'm currently filing I-130 for my mother. I have one question though... My mom currently has a non-immigrant US visa(B-2 for 3 years). Can I still file I-130 petition for her immigration visa or do i have to wait until her B-2 visa is expired. And if i can:

1. Will they just replace her B-2 visa with an immigrant one?

2. Will she still be able to enter US while her petition is in process?

Thank you!

[nicoeppersma]

Hello, I'm currently filing I-130 for my mother. I have one question though... My mom currently has a non-immigrant US visa(B-2 for 3 years). Can I still file I-130 petition for her immigration visa or do i have to wait until her B-2 visa is expired. And if i can:

1. Will they just replace her B-2 visa with an immigrant one?

2. Will she still be able to enter US while her petition is in process?

Thank you!

You can file the I-130 while here B-2 is still valid. They will add the immigrant visa to her passport once it is approved. She may be denied admission while her I-130 is being adjudicated because the B-2 is not dual intent.

[TanyaBelka]

You can file the I-130 while here B-2 is still valid. They will add the immigrant visa to her passport once it is approved. She may be denied admission while her I-130 is being adjudicated because the B-2 is not dual intent.

Thank you