The reason I want to file I-130 only at this time, because my mom may go back to China by the end of the year.
-If she leaves US after filing I-130, she has to apply for the immigration visa in the US Consulate in Guangzhou, China. So, you need to indicate it in the I-130. She can not get the B2 visa or use the existed valid B2 visa to enter US due to immigration intent.
If she files I-485, she can apply for AP at the same time and use AP to travel to China.
- Including me, we have three siblings. Both my sister and I live in US and one brother lives in Beijing, China.
- My father passed away last year and my brother sent my mom over to us to take care of her. He said he would take back my mom to his home by end of this year.
- My mom is over 80 yo and has hypertension and some other minor diseases. So, the medical care is the key for us. We bought a short term ER care insurance this year. In my state, those who have GC can be covered for ER care by Medicaid.
- This is what I found online (LAW QA) and I copied here for your expert recommendation:
This person has a similar question as I have and multiple attorneys answered. Most answered similar with only slightly difference. However, most of them said the poster has to file I-486 for legally stay in US while waiting the GC/status adjustment.
-It is true to file I-485 for legal stay. But illegal stay of an immediate relative of a US citizen does not affect his/her I-485 filing and approval. So, your mother still can file I-485 and get it approved even if she files it after her illegal stay.
