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Immigration Issues/Visa for mother in law

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Question
I need to find out how to bring my Russian mother in law to the USA for a visit. Here is a little history about our situation that may be helpful.

My husband, who is from Russia, and I married 6 years ago (I was born in America). We meet in Russia while I was on vacation and 3 years after our meeting I brought him over to America on a K-1 visa. He recently became an American citizen and we now have an infant son. His parents are divorced but still share the same apartment in Russia. His mother has not been employed for over 10 years. His father works as a security guard. My husband is their only child. About 4 years ago we applied for a B-2 visitor visa for his mother (at that time my husband was a permanent resident). She was denied. I was told we "filled out the wrong paperwork" because we filed for a visitor visa and not an immigration visa. Well, his mother DOES NOT want to immigrate to America! She want to visit us and go back home to Russia.  Since she is single, unemployed and her only child lives in America, we've been told she'll never get approved for a visitor visa.

It is difficult for my husband to get off work and inconvenient to travel right now with a baby. We really would like for my husband's mother to see her first grandchild soon. Should we try again for a B-2 visa?  Now my husband is a US citizen and we realize his mom is eligible for an immigration visa.  However, she does not and we do not want her to move to the US at this time.  If we file for an immigration visa, can she still go back home to Russia and return to the US for a visit?  Again, she does not want to live in the United States.  What is the best option for us?

Thanks in advance for any information!

Answer
Hi,

Since it is extremely unlikely that the U.S. Consulate in Russia will issue a visitor visa to your mother-in-law based on her profile and probable intention to immigrate to the U.S. (I know, you have explained that she is not interested in immigrating, but the Consulate is not a sympathetic agency) probably the only realistic option is for your husband to file an I-130 petition for his mother: http://www.uscis.gov/files/form/i-130.pdf

Information about family sponsorship categories is here: www.h1b1.com/sponsor.htm

Upon approval by the USCIS in a few months, his mother will apply for immigrant visa (basically a green card) at the nearest U.S. Consulate in Russia. This will allow her to enter the U.S., but in order to maintain her permanent resident status, she should keep a residence in the U.S. (she could stay in c/o you and your husband, for example) and as a practical matter, even if she spends most of her time outside the U.S. but enters the U.S. for several weeks or longer every six months to a year, she is likely to be able to continue to maintain her status as a permanent resident.

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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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