traveling while I130 is being processed
Aug 13th 2002, 7:39 pm
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Joined: Aug 2002
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traveling while I130 is being processed
Hi-
I have a bit of a sticky situation, my mother has been married to a US citizen for 40+ years, residing in the US and in the UK. She had a green card which permitted her to do this, however, she stayed in the UK over 12 months and was advised to surrender the green card (I-407) (abandoment of lawful permanent resident status) because the INS would have a record that her green card "expired."
Subsequently, her and my dad are returning to the US to retire and my dad has been advised to file an I-130 (petition for alien relative) as the first step to get a new green card.
Here are the questions, a round trip plan ticket has been purchased, which has a return date of 6 months on it. Will she be able to travel to the US on a tourist visa while the I-130 is pending? What will the ramifications be if she does this? I realise that the INS will scan her passport and see that she has this paperwork pending, would it be better for her to not file the paperwork (I-130), travel to the US, then return to the UK to file the paperwork?
Any advice would be helpful-Nick
I have a bit of a sticky situation, my mother has been married to a US citizen for 40+ years, residing in the US and in the UK. She had a green card which permitted her to do this, however, she stayed in the UK over 12 months and was advised to surrender the green card (I-407) (abandoment of lawful permanent resident status) because the INS would have a record that her green card "expired."
Subsequently, her and my dad are returning to the US to retire and my dad has been advised to file an I-130 (petition for alien relative) as the first step to get a new green card.
Here are the questions, a round trip plan ticket has been purchased, which has a return date of 6 months on it. Will she be able to travel to the US on a tourist visa while the I-130 is pending? What will the ramifications be if she does this? I realise that the INS will scan her passport and see that she has this paperwork pending, would it be better for her to not file the paperwork (I-130), travel to the US, then return to the UK to file the paperwork?
Any advice would be helpful-Nick
