Can I file 130 for my mom while she is abroad, and then she uses tourist visa come US

[joy_]

I am US citizen and want to apply green card for my mom. She has tourist visa which is valid for 10 years. She is not in the US. I heard the waiting for I-130 + NVC + Consular processing normally takes 1 year to complete. But I want she to come to the US ASAP. I also did research on the 90 days rule, it seems now you cannot file for her I-130 before she come to the US and waits for at least 90 days. I am confused: so can I submit the I-130 for her, and say one month later she come to the US using the existing B visa? And when I-130 got approved, I can file I-485 for her, so she can adjust her status in US? Will the USCIS thinks since she has a pending I-130 when she enter the US, it is "immigration fraud" and reject her I-485/I-130? Or worse that the border protection officer will send her back when she landed US?

[inadmissible]

There is no 90 day rule. The border agent will ask her about her definite plans to visit the United States and then depart.

If she tells the CBP officer she plans to enter and adjust status, she will be denied entry (applies to all tourists & students).

If she tells the CBP officer she is visiting temporarily and will return to her home abroad, the border agent may or may not believe her (applies to all tourists & students, whether or not they are beneficiaries of a pending alien relative petition).

If she tells the CBP she is visiting temporarily, but later decides to apply for adjustment of status, the USCIS officer will make a judgement call whether she outright lied to the border agents in order to gain entry, or if instead she told the truth at the port of entry but formed the intent to immigrate after gaining entry. It is currently USCIS policy to presume that immediate relatives did indeed enter as bona fide non-immigrants, unless there is compelling reasons to believe otherwise.

So to answer your question, no, your mother can't use a tourist visa to enter the United States with the intent of applying for adjustment of status. At the same time, if her intent is to merely visit the United States temporarily, the use of a tourist visa for that purpose isn't precluded by your filing of an immigrant petition on her behalf. Of course, all these details factor into the CBP officer's judgement call as to whether to grant her admission.

[newacct]

The border agent will ask her about her definite plans to visit the United States and then depart.

Note that it's also possible the immigration officer won't ask her about this.

[gautamgupta]

i-130 filing

If there is no 90 day rule, then can one file I-130 for a parent, say the next day of arrival in US ? Or is it advisable to wait for x days / weeks ?