Legal Question in Immigration Law in California

If your husband is over the age of 21, he could petition for an immediate visa for his mother (which will still take about a year) in order to qualify her as an Immediate Relative (or IR, as they are called).

Once a petition is filed, his mother could stay in the UK while it is pending. Entering as a tourist after the filing of the I-130 could be problematic because she obviously has the permanent intent to stay in the U.S. Tourists require a temporary intent to stay.

Otherwise, yes, your mother-in-law would be able to be interviewed in the UK because she has legal residence there. However, she may be eligible to adjust her status within the U.S. To understand better, you should discuss this with a qualified immigration attorney.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.

Sincerely,

He will have to do processing through the embassy or consulate for his mother in the UK (or possibly her home country's embassy) rather than the usual adjustment of status for someone in the U.S. During this time, at the discretion of the examining officer, she may visit the U.S. Since she is neither a spouse or child of your husband, she will have to await a visa number. The paperwork first goes to the National Visa Center, then once the I-130 is approved, it is forwarded to the UK embassy. Your husband should realize that she will lose her landed immigrant status in the UK by abandonment once she gains US permanent residency. It may be a good idea for her to take out citizenship first (or during the US processing). We handle many such cases.

Greetings,

His mom could process in the UK or the US and doesn't have to be here at all. But if she is in the US and decided to file for the green card here after her arrival, that would be OK to do, otherwise she'd process normally in the UK including interview there, with interim steps (payment of fee and some documentation) first to the National Visa Center in New Hampshire. Your husband/your mom will be prompted by them what to do. (If represented by counsel, documentation goes to the attorney.) This is normal for people who are abroad, including those with residency in third countries. It's not necessary for her to return to her home country.

The above assumes the petition was prepared properly and is not case specific advice. It is information only. To be advised, we'd need an attorney client relationship agreed upon both by either your husband or his mother an me.

Feel free to contact me for further advice at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization