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  • Cancel I-130

    Hi All,

    Please help with your thoughts.

    I have applied for I-130 for my Mom in May, 2007. Received the receipt number. My Mom came to US on visitor visa. Did not apply I-485 till now, preparing paper work for I-485 and I-131. At that time not aware of I-485. Meanwhile due to some person reson my Mom needs to go India in Sept 2007. Her visitor visa expires on Sept 2007. She has 10 yr visitor visa will expire next year.

    Can we cancel I-130 now ?
    Can we change I-130 to CP in india.
    Can she come back on visitor visa again.

    Appreciate you help.


    Thanks,
    Priya

  • #2
    Hi All,

    Please help with your thoughts.

    I have applied for I-130 for my Mom in May, 2007. Received the receipt number. My Mom came to US on visitor visa. Did not apply I-485 till now, preparing paper work for I-485 and I-131. At that time not aware of I-485. Meanwhile due to some person reson my Mom needs to go India in Sept 2007. Her visitor visa expires on Sept 2007. She has 10 yr visitor visa will expire next year.

    Can we cancel I-130 now ?
    Can we change I-130 to CP in india.
    Can she come back on visitor visa again.

    Appreciate you help.


    Thanks,
    Priya

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
      Can we cancel I-130 now ?
      Can we change I-130 to CP in india.
      Can she come back on visitor visa again.
      </div></BLOCKQUOTE>

      - Why do you want to cancel? Keep it. Better.

      - Have you specified in Form I-130, Question 22, an American Consulate in the city near your mom's residence? If so, you can request the USCIS for CP in India. A formal letter would do stating the circumstances and with the I-130 receipt/approval notice.

      - She surely can come back as a visitor because a pending I-130 (alone) isn't necessarily a ground to be refused entry (sorry mike).

      (Just an opinion - take it or leave it).

      Comment


      • #4
        Again sorry, mike, because what you just said is very much different from the subject of this thread. The OP's mom got her tourist visa 10 years ago that will expire next year, so she got it in 1998. She came here in April 2007, the OP filed form I-130 the following month in May, her I-94 will expire in September 2007 (good for six months I suppose), hence, my answer that she could come back in the future because having a pending I-130 filed on a tourist's behalf is not a lawful bar on re-entry. Please read the OP's post again.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Priya123:
          Can we cancel I-130 now ?
          Can we change I-130 to CP in india.
          Can she come back on visitor visa again. </div></BLOCKQUOTE>
          As mentioned, all 3 things can be done. The question is what your mother wants: to live in the USA and visits her home country (India?), or live there and visit you in the USA?

          Comment


          • #6
            Thanks a lot for all the responses.

            I spoke to Attorney meanwhile, He told I can write to service center and give the reason and change from AOS to CP.
            Clarification: I-130 applied after she came to US on visitor visa. She has not reentered US. She will come only after her I-130 is processed.

            Thanks a lot

            Comment


            • #7
              Please note that if your mother only wants to get her immigrant visa to avoid getting tourist visa again, then it is not a good choice. As a non-immigrant she can not live and work in the US and as an immigrant she can not stay out of US for prolonged periods. So if her intention is to come to US only as a visitor then get your I-130 cancelled. She should only go for CP if she really wants to Live in the US, permanently. As far as I know she won't have any problem getting a visitor's visa.

              Comment


              • #8
                Getting Immigration problems isn't a regular occurrence. You shall get a issue once in your life. The only thing that you should keep up to date is documentation. If your docs are perfect than you might never come across immigration issue.

                Comment

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