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Filed I-130 when in India, can I apply for I-485 when parent comes to USA?

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  • Filed I-130 when in India, can I apply for I-485 when parent comes to USA?

    Hi,
    I applied for my Mother's I-130 when she was in India. She is coming to the US in her Visitor/B2 visa on Nov 1st. Can I apply for her I-485 when she is here? Condition - her I-130 was filed when she was in India. Is there any issues with this?


  • #2
    Technically, yes. But she should not enter the US with preconceived intent to file I-485 during that stay.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by visanbuy View Post
      Hi,
      I applied for my Mother's I-130 when she was in India. She is coming to the US in her Visitor/B2 visa on Nov 1st. Can I apply for her I-485 when she is here? Condition - her I-130 was filed when she was in India. Is there any issues with this?
      Hi visanbuy,
      Can you please share your experience. Did you file for I485 and how did it go? Any challenges?

      Thanks.

      Comment


      • #4
        I fully agree with the post of newacct1234.

        Initially, you should have applied for I-I30 Consular Processing or waited to file your I-130 petition till your mother arrived in the US on a B2 visa.
        However, I am not an expert on this matter.

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