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"intent to immigrate" question. Any help, greatly appreicate it.

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  • "intent to immigrate" question. Any help, greatly appreicate it.

    I filed a I-130 & I-485 to apply for a green card for my Mom 3 days after she came to visit me on a B-2 visa (I'm a US citizen). Now I've heard that filing an immigration petition right after a visitor visa entry will be considered fraud as "intent to immigrate". Can someone verify for me if this is true? All the discussions I read on this seem to be related to marriage cases. In my case which involves a parent, if it does have fraud, it is as serious as a marriage case? What can I do now?

    I'm really nervous about my petition and the subsequent interview now. Anybody, please help!

  • #2
    I filed a I-130 & I-485 to apply for a green card for my Mom 3 days after she came to visit me on a B-2 visa (I'm a US citizen). Now I've heard that filing an immigration petition right after a visitor visa entry will be considered fraud as "intent to immigrate". Can someone verify for me if this is true? All the discussions I read on this seem to be related to marriage cases. In my case which involves a parent, if it does have fraud, it is as serious as a marriage case? What can I do now?

    I'm really nervous about my petition and the subsequent interview now. Anybody, please help!

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    • #3
      yes its true, You can send them back when their visitor period expires and then keep the process alive. They should not over stay.Simple.
      Its a discussion, not a legal advise..

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      • #4
        Thanks Mohan, for your reply. I appreciate it.

        You suggested to let my Mom leave the country first. But I filed I-485 AOS for my Mom, that means I'm applying for a green card while she's in the United States. And I really don't want her to leave now that she's caring for my 4-month old baby. How I regret it that I should have submitted the application say, 3 months after her arrival on a B-2 visa. Then that will be less suspicious.

        Can you tell me what's the chances that my petion for my Mom will be denied simply because I filed the application too soon after her arrival on a B-2 visa? Have you ever heard any similar case being denied? Is there anything else to do other than to let her leave the country? Thank you so much.

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