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Concurrent filing or Consular processing for parent from Canada

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  • Concurrent filing or Consular processing for parent from Canada

    Hello,

    I am a US citizen and would like to petition for my mom who is a Canadian citizen. I am over 21 and she is my natural mother.
    Can she come over on her passport since you don't need a visa from Canada to come to the US and then apply for I-130 and I-485 at the same time? Is this considered being in the US 'legally' so I can file concurrently.
    Or do I have to do the consular processing where she needs to get a visa from NVC first?
    How long do both processes take? From what I understand if it does go to NVC, parent visa's are always current...so how long for her to get the visa if I go through consular process?

    Please help!

  • #2
    1. You can do it either way.
    2. Timings vary. To calculate the timings, you will have to add up different times.
    Immihelp Support
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    • #3
      Thanks for the information.

      So if I understand it correctly, it is ok for Canadians to visit on their passport. Do they need an I-94? Form I-130 asks for I-94 numbers...but they never give I-94 at the border. Does she have to ask for one? Or is it ok to put on form I-130 that no I-94 was given since port of entry was Canada and Canadian citizens do not require one? According to visa waiver program???

      THen being here on an I-94 or passport is legal and I could apply using concurrent process.

      Does she need an address in Canada still?
      Last edited by sssv1216; 01-25-2010, 01:48 PM.

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