Change of status

[Bill2 0]

I am an American citizen married to a Thai with Permanent Residence status. My wife has a 24 year old daughter, who I adopted when she was 21 years old. She now wishes to come to the States. The wait time for a Permanent Visa in Thailand is approximately 5 years. However, if I bring her over on a tourist visa, what are my chances of getting a change of status? Bill2

[Anh map 2,098]

It won't help. Spouse visa are immediately available after approval. I believe that the wait time for the daughter's visa will be the same regardless of where she is physically.

Edited June 16, 2009 by Anh map

[Jauque 1]

I am an American citizen married to a Thai with Permanent Residence status. My wife has a 24 year old daughter, who I adopted when she was 21 years old. She now wishes to come to the States. The wait time for a Permanent Visa in Thailand is approximately 5 years. However, if I bring her over on a tourist visa, what are my chances of getting a change of status? Bill2

I don't think this is possible for two reasons.

1) I don't think relatives (aside from spouse's) can adjust from a visitors visa.

2) Even if it was possible she would be committing immigration fraud by entering on a tourist visa with intent to stay. This could leave her banned from the US for far longer than the wait time via the legal route.

[Bobby+Umit 161]

I see nothing in the I-485 that will allow you to adjust her status via the visitors visa.

1) I don't think relatives (aside from spouse's) can adjust from a visitors visa.

That isn't entirely correct:

An immediate relative of an US citizen (parent, spouse, widow, widower, or unmarried child under 21 years old) can attempt AOS.

Edited June 16, 2009 by Bobby_Umit

[aaron2020 11,651]

I am an American citizen married to a Thai with Permanent Residence status. My wife has a 24 year old daughter, who I adopted when she was 21 years old. She now wishes to come to the States. The wait time for a Permanent Visa in Thailand is approximately 5 years. However, if I bring her over on a tourist visa, what are my chances of getting a change of status? Bill2

The adoption is irrelevant for immigration purposes since an adopted parent can only petition for someone if the adoption occurred before the child's 16th birthday or if it complies with the Hague Adoption Convention. Yours probably did not as the adoption occurred when your daughter had reached the age of majority (18 years old0.

You can only file a petition of her if the marriage occurred before the child's 18th birthday. If you can go this route, your daughter would be placed in the F1 family preference category (USC petition for an unmarried child 21 years or older). The current wait is 7 years for a visa.

Your wife can file in the F2b family preference category (LPR filing for an unmarried child 21 years or older). The current wait has been 8 years.

The 5 years you mentioned is for the F2a category (LPR filing for an unmarried child under 21 years old).

Your daughter cannot come to the US as a tourist and change her status. First, coming to the US with the intention to immigrate is immigration fraud which makes the person deportable and subject to a ban from entering the US. Second, there is no legal mechanism for your daughter to adjust in the US.

There is a long list of parents similar to you and your wife who have petitioned for their adult children. They wait for years to get immigration visas. If there was a legal short cut, it would have been taken. Your family will have to be patience. Good luck.