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Immigration Issues/B 1/2 tourist visa for my mom

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Question
Hi,
Here is a brief description of my situation.
I am a US citizen. My brother came to the US legally but overstayed his tourist visa and is here in the US illegally now. My mom would like to come visit me in the US in a few weeks, but we are afraid that even if she gets a visa at the embassy she can be stopped by a customs official here at the airport after arrival, because of my brother's illegal status. Would it make a difference at all if my mom waited until I submit a green card application for my brother? Would that help her get admitted to the US? I can file a green card application for her, but it would take a few months for her to receive it, and I need her help here pretty much now.

Answer
Dear Agnieszka,

1. Based on my experience, at the visa application stage at the Embassy, the officer will ask her if she has any families living in the United States.  She cannot lie about it and will have to say that she has a US citizen child and a child without status there in the US.  Upon hearing this the US Embassy will likely deny her visa.  I don't recommend lying at the US Embassy on this issue.

2. I think her only option for entry is to be petitioned for a green card by you.  Yes it will take a long while, but it is more secure than a tourist visa, which is subject to the discretion of the Embassy.

3. Your petition for your brother for the green card will have no effect on your mother's tourist visa or admissibility.  Even if your mother obtains a visiting visa, the Custom officer can still refuse her entry based on the fact that her adult USC child is living in the US and ready to petition for her green card.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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