I am a 39yo American citizen applying with an I-130 for my Mom to be a resident here. Application sent Nov. 6 and confirmed they got it Nov 13, 2006. She is here when I applied. She now has to go back for a few months and her tourist visa expires March, 2006. Will she be allowed to return in May with a tourist visa?

I did not use the I-485 because she could not get the travel I-131 before her departure date in February.

Will they prevent her entry with the I-130 pending?

If she has valid tourist visa for next visit, then it would be up to the immigration office at the POE to determine whether she will be allowed in the US. If she shows some strong ties back to the country where she currently resides, she may be granted entry. Other people has done that.

If she does not have valid tourist visa for next visit, it is up to the CO. They might give another tourist visa if she shows enough proof that she does not intend to immigrate at this visit.

If your mum is hoping to get an approved I-130 while she is here in the states you should have filed for AOS for her as well so she could get AP... if she leaves the USA with an application to immigrate then it is unlikely she will have stronge enough ties to spain to be allowed to use a tourist visa again... especialy since she has been here since Nov 2006... you may want to have a chat with an immigration lawyer about what will happen to her if she is refused entry to the US after a trip to spain....

If you have a I-130 pending for your mum you would be better off filing for AOS so she can get her greencard and be free to travel... as with only an I-130 pending she would have to return to spain to get the IR5 visa to return as a PR or file for AOS at the time.... where as she could file for AOS now and both the I-130 and the AOS would be approved together at AOS interview...

Kez

The I-131 that she stated that she did not apply for WAS the application for advanced parole. I can only assume she didn't want to apply for that because for whatever reason, her mother has to be back by a certain time, and therefore would have had to leave no matter what. So, the I-485 would have been abondoned and the money wasted etc.....because the application for the advanced parole wouldn't have been processed by the time the mother needed to leave. They are aware of that option, but did not want to take it.

So, apparently they are hoping for the mother to come back in May with a "new" tourist visa and stay a while.



To "Zalman", I see a few problems with what you are hoping to do. Number #1..........your mother apparently will have to get a new tourist visa for her to be able to return in May (I assume you meant the tourist visa she's on now will expire in March 2007...not 2006.......or she's REALLY gonna have a problem

Number #2.......if you are filing an I-130 for her, (and I assume used her foriegn address and info on that application etc)....then it is not going to be so easy for her to come back to visit you. She will have to apply for a new tourist visa, and the chances will be diminished now for her to get one, because unlike when she must have applied for a tourist visa before, she will now have obvious immigrant intent and and application on file. It will be tough for her to get a new tourist visa.

Number #3......Even if somehow she got the visa, she will still have to get back into the country, which also will not be so easy since besides the I-130 you filed for her, she would have just completed a lengthy stay in the USA on a visit. And for her to come back for another lengthy stay just a short time after, will probably be a red flag to the POE customs. They might feel she is spending too much time in the USA....coupled with the fact she has an I-130.....and they could deny her entry into the USA, even though she might have a new tourist visa. Just becuse the consulate gives her a tourist visa (and that's a big "if"...that they will even give her one).....they and the people at the POE are different branches of immigration.....and she could still be sent back.


Were I in your situation, I would see if there is any way she does NOT have to go back. That way you could do AOS for her here. It just seems to me by the info you have given, that she will have a very hard time coming back in May, and will most likely end up having to wait for the immigrant visa until she can come back again.

I wanted my parents to visit during christmas who are in Canada (Canadian citizens) - but I know that they don't allow visitors when their file is in process. I had actually confusion on that so called the border US Immigration office where I was hoping to cross but they said no. They asked that my parents stay out of USA entry till they complete their status. I think in spousal case its different - e.g. if you have a K3 visa and pending CR-1/IR-1 they normally allow to re-enter US. I would suggest you do the same to ask the POE where you think she will be re-entering.