Immigration Issues/Family immigration.

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Question
Thank you for your answer but I have a follow up question.

1.  File for a green card while she is out of the US.  This option will -make it almost impossible for her to visit the US while the green card --is pending since by filing the GC application she has expressed an intent to immigrate which is incompatible with status as a visitor.

Does it means that her multiple entry visa will be void if I file for here green card while he is not in the country?

Thank you.




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Followup To
Question -
Hello.

I'm a US citizen but my Mom is citizen of Ukraine.
Recently she received and 5 years multiple entry tourist Visa and planning to come to United States. I would like to apply for a green card for her but I don't know if it is make sense to wait until she'll come in and apply for adjustment of status or apply while she is still in Ukraine. Also I would like to know if I'll apply for a status adjustment will be any complications for her to travel outside of USA or she will need to stay until her status is adjusted?

Thank you very much for your help
Serge Filkin

Answer -
Your question is too complicated to fully answer here.  Basically, you have 2 options and both have associated problems and concerns.

1.  File for a green card while she is out of the US.  This option will make it almost impossible for her to visit the US while the green card is pending since by filing the GC application she has expressed an intent to immigrate which is incompatible with status as a visitor.

2.  Bring her on a visitor visa and file for adjustment of status while here.  This option is a real problem since she could run into visa fraud issues due to a "preconceived intent" to immigrate when she entered on a vistor's visa.  

Answer
I never said the stamp would be void.  I said that it would be almost impossible for her to gain admission since she will be deemed to have an intent to immigrate which is incompatible with admission of a visitor visa. Just because a person has a visa stamp does not mean the person will be admitted.

Immigration Issues

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James D. Mills, Esq.

Expertise

I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.

Experience

I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

Organizations
American Immigration Lawyer's Association.

Education/Credentials
Juris Doctorate, Rutgers School of Law- Camden, 1997

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