Buford, GA Immigration Law Firms & Lawyers

Many H1B holders are faced with the same question as you, and many choose your fallback plan. This appears to be the right approach for the sake of security. Of course, as you know, many take the other course with the EAD and advance parole. I do note that the Trump administration will be making it appreciably more difficult for individuals to obtain advance parole in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Generally, it is impermissible for someone to remain present in the U.S. after expiration of his/her visa; someone who has overstayed a visa is at risk of being placed in removal/deportation proceedings; and unlawful presence of 180 days or longer can create a 3-year bar to re-entering the U.S. (unlawful presence of a year or longer can create a very harsh 10-year bar).

A visitor's visa does not automatically become void when a family-based immigration case is initiated for the holder of the visitor's visa. Each time a visitor's visa is used, however, immigration authorities must make a determination of whether the foreign national intends to visit temporarily and then return abroad (this "nonimmigrant intent" is the use contemplated for the visa), or intends to remain permanently in the U.S. ("immigrant intent," entering the U.S. on a visitor's visa with the intention of staying permanently, is prohibited and could constitute visa fraud, which could have very harsh immigration-related consequences). If a foreign national's parent files a Form I-130 Petition for Relative Alien, alone, and especially if the application is in a visa category for which there is a visa backlog, the foreign national should be able to continue to use a visitor's visa, especially with documentary evidence of nonimmigrant intent. Such documentary evidence might include, for example, evidence of having taken temporary leave of absence from a job abroad, evidence of having a home abroad, evidence of having banking and other relationships abroad, etc. If the foreign national actually commences consular processing steps or an application for adjustment of status, however, it may be extremely difficult to convince immigration authorities of nonimmigrant intent for use of a visitor's visa. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information about you, your immigration-related history, your goals, your mother (is she a U.S. citizen? is she a Permanent Resident? does she have some other immigration status?), could advise about immigration eligibilities, options and strategies, and could offer legal representation in the often quite complex application process.