Adjust of Status for my mother when she is in US with her visitor Visa

[wil 0]

Hi, can someone give me some advice on this?

I became a US citizen Sep 2009. My mother has a vistor visa B1/B2 valid for multiple entries in 1 year (to be expired 03/24/10).

I'm planning to ask my mother to come to visit us in New York in early March 2010 just before her visitor visa expires. After she gets here in USA, i think i can apply green card for her while she is in USA with a visitor visa. Is that allowed? Will this be an issue?

What kind of forms shall i fill out and send to apply green card for her?

Thank you for any comment.

[payxibka 10,047]

theoretically that would be using a non-immigrant visa/entry in order to circumvent US immigration laws. A big no no

[Chica Yeyé 41]

No --- since you have intent, it would be visa fraud.

[wil 0]

Hi, can someone give me some advice on this?

I became a US citizen Sep 2009. My mother has a vistor visa B1/B2 valid for multiple entries in 1 year (to be expired 03/24/10).

I'm planning to ask my mother to come to visit us in New York in early March 2010 just before her visitor visa expires. After she gets here in USA, i think i can apply green card for her while she is in USA with a visitor visa. Is that allowed? Will this be an issue?

What kind of forms shall i fill out and send to apply green card for her?

Thank you for any comment.

But i did read that some people do that and sucessfully got green card for their parents. Is there anything specified on www.USCIS.GOV?

[Tigerinroc 0]

It only takes 6-8 months for petitioning parents of US citizens nowadays. Why go the risky way? Start the paper work now and your mother would be here by the end of the summer.

[Chica Yeyé 41]

Using a non-immigrant visa to enter the United States with the intent to immigrate is visa fraud. There are procedures for you to petition your mom, through an I-130 and applying for an IR-5 visa.

[Tigerinroc 0]

But i did read that some people do that and sucessfully got green card for their parents. Is there anything specified on www.USCIS.GOV?

then go ahead and do it. might get a chance to be denied.

[Tygrys 143]

Using a non-immigrant visa to enter the United States with the intent to immigrate is visa fraud. There are procedures for you to petition your mom, through an I-130 and applying for an IR-5 visa.

Also, it is rather unlikely she will be admitted at POE with B2 validity of a couple of weeks.

[wil 0]

It only takes 6-8 months for petitioning parents of US citizens nowadays. Why go the risky way? Start the paper work now and your mother would be here by the end of the summer.

I don't want the risk. The thing is my mother is planning to visit us early Mar 2010 before her visitor visa expires. She came here once in Apr 2009 and left in Oct 2009. So i think the customs at the airport will give her permission to stay 6 months again just like her last visit.

If i apply for her through I-130 now and let's say the procedure lasts 7 months, by the time her interview is scheduled in her country, that will be July 2010. But she will be here in USA with us in July 2010. What's going to happen? She has to fly back to China just for the interview?

[Chica Yeyé 41]

I don't want the risk. The thing is my mother is planning to visit us early Mar 2010 before her visitor visa expires. She came here once in Apr 2009 and left in Oct 2009. So i think the customs at the airport will give her permission to stay 6 months again just like her last visit.

If i apply for her through I-130 now and let's say the procedure lasts 7 months, by the time her interview is scheduled in her country, that will be July 2010. But she will be here in USA with us in July 2010. What's going to happen? She has to fly back to China just for the interview?

If she stays beyond the validity of her visa, she will face problems. And yes, she has to fly back to China for her interview.

[Tigerinroc 0]

I don't want the risk. The thing is my mother is planning to visit us early Mar 2010 before her visitor visa expires. She came here once in Apr 2009 and left in Oct 2009. So i think the customs at the airport will give her permission to stay 6 months again just like her last visit.

If i apply for her through I-130 now and let's say the procedure lasts 7 months, by the time her interview is scheduled in her country, that will be July 2010. But she will be here in USA with us in July 2010. What's going to happen? She has to fly back to China just for the interview?

yes. she will need to go back for the interview.

[Chica Yeyé 41]

Adding: she would have to leave the US at the time indicated in her I-94 (piece of paper you get when you enter tte US). That is, if they grant her entry with a visa that is about to expire.

[Tigerinroc 0]

I don't want the risk. The thing is my mother is planning to visit us early Mar 2010 before her visitor visa expires. She came here once in Apr 2009 and left in Oct 2009. So i think the customs at the airport will give her permission to stay 6 months again just like her last visit.

If i apply for her through I-130 now and let's say the procedure lasts 7 months, by the time her interview is scheduled in her country, that will be July 2010. But she will be here in USA with us in July 2010. What's going to happen? She has to fly back to China just for the interview?

they are not gonna grant her a 6-month stay if the visa is expired in 2 weeks.

They gave her the 6-month stay last time because the visa is not going to be expired in a year.

[sachinky 465]

You might want to read up on a similar recent post--I forget the OP's name but he tried to AOS from a tourist visa for his elderly Indian parents. Flat out denied and caused a lot of trouble for him. Don't know if he's posted anything new recently.

You have already stated your parents' prior intent to immigrate--that automatically makes it visa fraud if they try to come in on a B2. Why risk it--you can't appeal a denied AOS from a B2.

[Chica Yeyé 41]

You might want to read up on a similar recent post--I forget the OP's name but he tried to AOS from a tourist visa for his elderly Indian parents. Flat out denied and caused a lot of trouble for him. Don't know if he's posted anything new recently.

You have already stated your parents' prior intent to immigrate--that automatically makes it visa fraud if they try to come in on a B2. Why risk it--you can't appeal a denied AOS from a B2.