Hasbrouck Heights, NJ Immigration Law Firms & Lawyers

An applicant for I-130/I-485 adjustment of status is in the state of grace during the time that the I-485 application is pending and allowed to remain in the States. If your mother leaves the US without advance parole during the time of I-485 pendency, the I-485 is considered abandoned. The I-130 remains valid, but hopefully you would have indicated a request for consular processing. If not, I suggest contacting U.S.C.I.S. to request consular processing if your mother returns at this time. Otherwise there is the good chance that the I-130 will ultimately be approved, but not be transferred for consular processing. If you wish, you can file a new I-130 petition for your mother and begin the process anew when your mother is in India. The processing will take about a year taking into account both U.S.C.I.S. and consular handling times. 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.  

It is really difficult to predict if you will have a problem or not since that is completely within the discretion of the CBP officer that you meet at the port of entry who will be inspecting you fir entry to the U.S. However, and as you are likely aware, there is no substitute for having a good package of information that explains clearly why you need to be in the United States and for how long. Also, it is a good idea to have documentation that proves your nonimmigrant intent, which was something you had to prove when you went to the US consulate abroad to get your visa stamp. Please note that the foregoing information is not legal advice but provided to you as a courtesy in response to your online query. For more information or If you would like to hire the services of our firm to provide you with information or guidance, please contact us at the address and telephone number below.

That question cannot be answered on the information provided. You need to consult with an immigration attorney immediately before you find yourself in detention or permanently barred from the U.S.