Peter Foltz

Hello the group! Sorry for the off topic post. I am hoping someone can
point me in the right direction. This group was such a big help to us when
my wife (currently a naturalized US citizen) came here from the Ukraine on a
K1 6 years ago.

Now that my wife is naturalized, she wants to initiate the visa process for
her mother (resident of the Ukraine). Her mother has been to visit us
several times via a multiple entry visa. She has always left on time, and
in good status. Her multiple entry visitor's visa has expired. We are in a
quandry as to what to do.

Should she apply for a new visitor visa now, and then have my wife initiate
the invitation for permanent residency?
Should we apply for permanent residency while she is in the US (if she gets
a new visitor visa)?
Should we file in the Ukraine?

Is there a more appropriate group out there that can answer my questions?

Thanks in advance for any help that you can offer!

Ray

I think you should question the sanity of having your MIL that close ....
Please see a doctor ...

andrea874

My mother in law lives 3 doors down from us... now THAT is too close for comfort... thank god we're moving soon

Folinskyinla

Hi:

She is an "immediate relative" of a US Citizen. Other than no K-1 available, the process is the same as bringing over a wife. BTW, the I-130 does not require G-325A's -- it is different than spousal visas in this respect.

On your question of obtaining a visitors visa and having her come in with the intent to adjust -- I can tell its been six years since you've been here -- that is the "ten-foot pole" question. In my opinion, it is NOT NICE to ask people in a PUBLIC arena for advice on how to break the law.

Good luck.

andrea874

I think he meant to ask if she could still get a visitors visa (to visit), if she had already applied for an immigrant visa. At least thats how I read it... who knows!

Noorah101

Hi Andrea,

I think this was the phrase that Mr. F was referring to:

"Should we apply for permanent residency while she is in the US (if she gets
a new visitor visa)?"

Rene

Folinskyinla

Hi:

He specifically asked if they should apply for LPR status if she gets a visitor's visa. Although he used "she" in relation to the application for the visitor's visa, he did use the word "we" at other times. As an immigration lawyer, that screams of a legal term of art: "conspiracy."

He is inquiring about a possible conspiracy to break the law. They are in a "quandary" about whether or not to break the law.

And I don't think I'm being paranoid -- I've been busy the last 10 days on an immigration case that turned into a criminal case because that is the way DHS thinks. I have ICE making a mountain out of molehill and a client in jail [not immigration detention -- jail] moaning "what did I do wrong" and the wife asking "what will happen to OUR money" while trying to explain that their life savings are now GOVERNMENT property of which we are seeking a refund.

I STRONGLY discourage anyone on this list from joining in his invitation to a conspiracy to break the law. Try to encourage them to follow the LEGAL way of doing things. It will work. It will be slower, but it sure beats jail or mom's permanent bar from the United States. But that just my opinion.

And by the way, I am not being a selfish lawyer in posting this -- I should just keep mum and let the business come my way. My wife certainly likes the extra money that DHS is generating for me in fees.

andrea874

Clearly I'm not too skilled at that whole 'reading' thing Oopsies

Rete

If his alternative motive was that she remain in the US to adjustment status once the I-130 is submitted and approved, then yes it is a fraudulent action. However, there is no harm done if filing while the beneficiary is within the boundaries of the US but fully intends and follows through with returning to their home country for the final processing of the stateside approved I-130.

JMO on the take of things.