I am a US citizen. I am planning to file an I-130 in January 2025 for my mom, who is currently residing in India. She plans to visit us in July 2025 (on her visitor visa, valid until Feb 2026). Can she travel to the US while the I-130 has been filed and is pending? What additional preparation/papers would she need if this is an issue? I have heard cases of denied entries in similar cases. I thought of postponing the I-130 until after her US visit next year, but I fear the process may slow down under the new administration. Please advise what would be the right thing to do since we would like for her to visit us in 2025.
If you are filing an I-130 for your parent, they can generally travel to the U.S. on a visitor visa while the petition is pending. Theoretically, they could face issues at entry due to the pending green card application, but in practice, parents of U.S. citizens are rarely stopped for this reason.
To reduce the risk of being denied entry, consider having your parent use an immigration pre-clearance airport, like Abu Dhabi or Dublin, so they can return home easily if denied. While past practices suggest minimal issues, policies could change, especially under unpredictable administrations.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Improved Process for Petitioners Abroad will Increase Efficiency and Flexibility
Release Date
08/01/2025
U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual that will enhance the capability to screen and vet family-based immigrant visa petitions. This update explains requirements and adjudication of these petitions, including eligibility criteria, filing, interviews, and decisions.
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.
If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change and this will not delay the processing of your cases except for the additional time needed to transfer the file.
Lawful Permanent Residents
If you are a lawful permanent resident, you must replace your Green Card if:
USCIS recently updated the following USCIS form:
Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer07/01/2025 11:10 AM EDT
Edition Date: 07/01/25. USCIS will still accept the following editions: July 2019, March 2018, July 2015, January 2015, October 2013, October 2012, and April 2009 editions.
For more information, please visit the Forms Updates page.