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Immigration Issues/Moms' Green Card - I 824 or I 485

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Question
Hi Ajay,

I applied for green card for my mom when she was here. Her I 130 got approved as soon as she left to India. She will be back in April 2011. Should I apply for I 824 or wait till she get back and apply for I 485. If I apply for I 824 will be she able to come here during the process. If I apply for I 485 after coming to US can she go back to India during the process. Please advice.

Thanks,
Priya.

Answer
Hi,

I assume that your mother has an unexpired visitor visa to enter the U.S.

She should not enter on her visitor visa again, as she now clearly has an intention to immigrate to the U.S., and an intent to immigrate to the U.S. is incompatible with entry on visitor visa

You should file Form I-824, which upon approval will allow the National Visa Center (NVC) to schedule an interview for your Mom at a nearby U.S. Consulate for issuance of an immigrant visa.

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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