i-130 petition for my mother

[gopster]

All:

My mother will be visiting us for holiday on a visitor visa in a few weeks. I am a naturalized US citizen. I have a few questions regarding on filing for her i-130 online.

1. My uncle ( her brother, also a naturalized citizen ) filed for her green card back in August 2012. From what I gather, I can file for her separately. Also his petition was approved so I believe there is a 10 year wait period and we are waiting for the next step in that phase.
2. When exactly should I file the i-130? Should I file for her AFTER she leaves her holiday here OR it doesn't matter?
3. Along the same lines of #2, will she be denied entry because of Trump's order banning applicants under green card family migration?
4. In the Where does the beneficiary live now section of the filing, they mention if the beneficiary does not have a street address then leave the address blank. I am a little weary of leaving anything blank, given the current administration. Where she lives now, such a concept does not exist, as most folks rely on local delivery men who know the area or get their mail via PO BOX numbers. I was thinking of using her lawyer's address back home as a street address.
5. In the Travel Document section of the filing, should I enter her previous I-94 record number? Again, I am weary of leaving that blank.
6. In my uncle's petition, would they have generated an Alien number for my mother? I believe in the approval notice there was no such mention of it.
7. Here is where it gets a little tricky. On my birth certificate, my mother's maiden last name is her first name, and her current first name is the last name. Apparently that was the custom they did back in the 80's. My birth certificate format is stupid. Because in another section of my birth certificate, she has her current legal marriage name. I know, it's confusing. So in the i-130 "Has the beneficiary used any other names since birth? " , should I use the same lastname AS first name format? Or it doesn't matter?

Thanks everyone for your time to answer!

[newacct]

1. You can petition her
2. It doesn't matter. If she is doing Consular Processing abroad, it doesn't matter if I-130 is filed while she is here and she leaves to do Consular Processing, or it is filed when she is abroad and she does Consular Processing abroad. If she is doing Adjustment of Status in the US, then she would file I-130 and I-485 while she is in the US and stay in the US and not leave. For AOS there might be questions of whether she had a preconceived intent to immigrate when she entered.
3. No. She will not be denied entry as she is entering as a nonimmigrant for her visit. (I am assuming she has not been physically present in Mainland China, Iran, the Schengen Area, the UK, Ireland, or Brazil in the 14 days before coming to the US, or else she wouldn't be able to enter due to the COVID country bans.) She would not be able to get an immigrant visa if an immigrant visa ban still exists, but the Consular Processing process takes maybe a year until it gets to the point where she would get the immigrant visa, and the immigrant visa ban only lasts until Dec 31, and even if Trump extends it, Biden will cancel it by January.
4. Just describe it as best as you can. You can say like it's near the intersection of two streets or something.
5. I-94 information is only asked if the beneficiary is currently in the US. So you would only answer those questions if you file the I-130 while she is in the US. And in that case you would put the I-94 from the new entry. Otherwise, the question doesn't apply and you can put "N/A".
6. I think so. Check the receipt and approval notice again.
7. If she didn't actually use that ordering of names as her name, and it's just the formatting on the birth certificate, I would say that it doesn't count as a name she used.

[gopster]

Thank you for your reply!

With regards to number 3, yes she hasn't been to the list of banned countries. I have been informed conflicting stories on that. So some folks say she might be denied due to the pending GC from my uncle, but it is up to the discretion of the immigration officer, but others say no.

[parks]

Thank you for your reply!

With regards to number 3, yes she hasn't been to the list of banned countries. I have been informed conflicting stories on that. So some folks say she might be denied due to the pending GC from my uncle, but it is up to the discretion of the immigration officer, but others say no.

Yes, theoretically, once the I130 has been filed, she has expressed immigration intent.

Practically, port of entry officers DO NOT routinely check back all names against previously filed I130. Also, I130 can be filed by your uncle/you, without needing a signature from your mother. So, there is the "plausible deniability" -- she did not know that an I130 is pending for her.

A sibling petition filed 10 years back (F4 category) means it will take another at least 4 to 6 years for her to get green card.

So, have her travel here, and after she has been here for some reasonable amount of time, you can file a new I130 (IR category) + I485 (AOS) at the same time. Plus EAD, AP, etc., if she intends to work. etc.

See this thread: https://www.immihelp.com/forum/famil...eencard/748568

[gopster]

Thanks parks for your reply. I plan on doing what you mentioned on I130 and 485 together!

[newacct]

She should not enter the US on B2 with preconceived intent to file AOS during this stay.

[parks]

She should not enter the US on B2 with preconceived intent to file AOS during this stay.

Who is saying she has preconceived intent for AOS?

His mother is simply entering the country for a non-immigrant visit. There is no document her son has filed, and her son has not even discussed this immigration with his mother. He is hypothetically considering the options. For all you know, she comes and decides not to immigrate at all. But if she comes, and her son and grandchildren sway her thinking, and that happens to be after a few months of stay, so she gets bonded with the grandchild, how is that pre conceived intent?

[newacct]

Who is saying she has preconceived intent for AOS?

His mother is simply entering the country for a non-immigrant visit. There is no document her son has filed, and her son has not even discussed this immigration with his mother. He is hypothetically considering the options. For all you know, she comes and decides not to immigrate at all. But if she comes, and her son and grandchildren sway her thinking, and that happens to be after a few months of stay, so she gets bonded with the grandchild, how is that pre conceived intent?

I am not saying she has preconceived intent. I said she she not enter on B2 if she has preconceived intent to file AOS during that stay. We don't know if she has preconceived intent or not. The OP never said he "has not even discussed this immigration with his mother".