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Immigration Issues/tourist visa with pending I-130


Hi. I'm a naturalized U.S. Citizen (2007). I recently applied for Mom's I-130 (petition for immediate relative) so she can stay with us (wife is due to deliver on November 2007) thinking that it would be easier for her to come here. I already got a receipt of my application and basically I had to wait. I found out that the processing time for my petition in the local USCIS where I submitted my application is delayed for over a year. In May 2007, they just started processing I-130 application for March 2006 - my luck. I really want my Mom to be here when my wife delived the baby. Is it wise for my mom to file a tourist visa to visit us while she has a pending application. She's from the Philippines and never been out of the country.

Your sound advice will be very much appreciated.

Thank you,

There is no outright prohibition against filing for a toursit visa when you have an I-130, but getting it issued is discretionary and an uphill battle. The more ties she has to the Philippines and the more trips she has made in the past and gone home on time the better her chances. The U.S. Embassy in the Philippines is not easy.



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Robert Hollander<B> Esq.</B>



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