Legal Question in Immigration Law in Texas

I am US citizen and My mom is here in USA on B1 visa. She came here in USA in end of September 2020. Can I apply for her green card petition with change of status right now Or do I need to wait certain days before we can apply for her green card with change of status petition? Does it reveal that she has immigration intent if we apply now Or should we wait 3 months before applying for her I 130 along with I 485 change of status?


Asked on 10/04/20, 5:50 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Theoretically, you should wait to file your mom's case, due to preconceived intent. Since you are a U.S. citizen, your mother will be an immediate relative & thus eligible to simultaneously file the I-I30/I-485 pkg. There are many new & required forms, so make sure to file it properly!

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Answered on 10/04/20, 6:05 pm


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