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US citizen wants to sponsor mother who is already in US

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  • US citizen wants to sponsor mother who is already in US

    Hi everyone,
    I need opinion, suggestion and answer if you can help me with this.
    My mother has 10 yrs tourist visa. She came to the US occasionally for 3-4 months periode. I am a citizen, and this time she wants me to petition for her. I heard that she supposed to stay in US for more than 60 days after her arrival in order for me to file, Is that true?
    Can she go back to her country with her touris visa and come back again? or should we file AP for her?
    Thanks so much for all replies

  • #2
    Consular processing is the technically correct method that eliminates conflict
    of intent present between immigrant petition and a B2 visa . During adjustment of status in US, such conflict is largely ignored in cases of US citizens peitioning for spouses and parents,but technically, problems can arise at interview in US when they can presume immigrant intent while entering on B2 visa. There is no pre-set limit of 60 days by law.

    If she decides to adjust status in US, she may not be able to reenter on her existing B2 and may require AP.

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