Immigration Issues/I-94 return date.

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Question
Hi -

1> My mom's 10 yr visa to US expires Apr 2009. She is planning on visiting US in Dec 2008. In the past she has always got a stay on 6 mon on her US visits. Since here visa is going to expire in Apr 2009, do the official now let her permit to stay for fewer months?

2> Last my mom was in US I applied for her Green card. But she had to leave after 6 months - will she have a issue entering the country back on her multiple entry visa?

Thanks!

Anima.

Answer
Hi,

I do not recommend that your mother enter the U.S. on a visitor visa if you have already applied for her green card (through filing Form I-130). She has shown an intent to immigrate to the U.S. and may be refused entry.

I recommend that she wait until the I-130 has been approved, and then she should apply for an immigrant visa (green card) at the Consulate.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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