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Coming to US after filing I130

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aweker

Junior Member
What is the name of your state? New Hampshire

I am a US citizen, and I am currently in the process of trying to bring my mother, who is a Canadian citizen, back into the US; she was a legal permanent resident for over 30 years before retiring back to Canada, but with a new grandchild in the US, now wants to come back to the US permanently and eventually apply for citizenship.

Here is my dilemma. We spoke to the local USCIS office in Manchester, NH, asking about the process and timing for filing papers. They told us that when we filed the I-130, since my mother is an immediate relative and in Canada, the form would be approved virtually immediately, at which point she could legally move down here and start the filings for citizenship. We filed the I-130, and just received notice back that the form had been received. When looking into processing times, however, we found that USCIS is saying it will be over a year before her green card is approved. She already has her house up for sale in Canada and a buyer lined up, but now we are concerned that she will sell the house in the next couple of months, but will not be permitted to come to the US permanently (legally).

When I asked USCIS, they said that she can file for a nonimmigrant visa in the interim, but my understanding was that a nonimmigrant visa was only valid for a relatively short period of time, not long enough for her to come down and reside legally in the US for the next 9 months or more until she receives her expected green card. It also brings up the question of whether she can purchase a new condo or get an apartment in the US, where she technically will not yet have been given legal permanent resident status.

Please advise as to what options she has to move back down to the US prior to the I-130 being approved, and whether the approximate one year or greater waiting period for I-130processing out of the Vermont service center is in fact accurate.
 


ImmigAttyLana

Senior Member
It does not get approved immediately. It does take 9-12 months for the processing. In the meantime, she can try to enter the US as a visitor and stay but she is most likely not going to be permitted to enter as a visitor with a I-130 petition pending as that shows she has immigrant intent. She can try, however, since she does not lose anything by trying.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

evcalyptos

Senior Member
Please advise as to what options she has to move back down to the US prior to the I-130 being approved, and whether the approximate one year or greater waiting period for I-130processing out of the Vermont service center is in fact accurate.
She has NO options to move to the US before she gets her Immigrant Visa.
As a Canadian, she may be able to VISIT, but that will be up to the border agent to admit her and she must not intend to remain in the US on that trip (VISIT).
 

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