Legal Question in Immigration Law in California

I have just received my US citizenship. My Mom is coming in March 2011 with a tourist visa. While she is here as a tourist, I'd like to file for her US residencey. Can I file right away or should I wait for her visa to expire after 6 months? She will not work as a resident and I do not work either, but my husband does. When I file for her, can I sponser her with our combined tax returns or should my husband file for her since he is the one that works. For this case, can you share with me what I-forms I should use? Thank you. Pilar Hardcastle


Asked on 11/26/10, 7:46 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

If your mother is not visiting the U.S. with an intention to reside permanently in the U.S., it is OK after her entry to the U.S. (and prior to her I-94 expiration) to be sponsored by a U.S. citizen child. Information about the family sponsorship categories is here: www.h1b1.com/sponsor.htm

You will be required to file affidavit of support for your mother, but this affidavit of support can be filed jointly with your husband.

You can call our law firm during business hours at 212-268-3580 or email [email protected] for guidance.

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Answered on 12/02/10, 3:29 am


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