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

[Tygrys 143]

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?

Even if they admit her, which I doubt, she will not be granted longer stay, only to the very day her visa expires, i.e. for some 2 weeks.

[Tigerinroc 0]

It took my parents cases 7 months to get the interview and I consider their cases are slow in comparison with those submitted in August or September.

Start the I-130 now and you mother could get the interview by May if you do it right at the NVC stage.

[wil 0]

Thank you for all your advice. If i apply for I-130 for my mother now, can she still come to visit us in Mar 2010 before her visa expires? How long do you think they will let her stay?

How about this? Can she go to US embassy to ask for a new visa since hers is going to expire?

[Chica Yeyé 41]

Thank you for all your advice. If i apply for I-130 for my mother now, can she still come to visit us in Mar 2010 before her visa expires? How long do you think they will let her stay?

How about this? Can she go to US embassy to ask for a new visa since hers is going to expire?

Have you read the other responses? There is a huge chance they will not let her in. If they do, it will only be for the validity of her visa, meaning she has to return to China then.

Asking for a new tourist visa when her intent is to finally immigrate is not cool.

Again, why not just do the legal process now, for the IR-5 and have mom here as an LPR in say, July of next year?

[Darnell 8,479]

If I were in your shoes, I would have filed the I-130 petition for IR5 visa the day after receiving the citizenship 'paperwork'. She'd probably have her interview in March 2010 (if you used e-file at NVC) .

Seriously, file an I-130 whilst Mom is in China.

There are NOT 'wait times' for parents of USC - it goes as fast as one for a spouse, sometimes faster.

If you want MORE speed on an I-130 that's bound to GUZ, then enroll in NVC electronic processing, once the petition is at NVC - see http://www.visajourney.com/wiki/index.php/...onic_Processing

There was another recent USC with Chinese parents that was planning the same as you - adjust stateside when here on B2 visa, posting here on VJ sometime in the last 6 months. Didn't see any followup with 'what he did' - but.

Seriously, making the attempt is a huge risk - as MUST prove up is NOT Visa Fraud. That's going to be hard to do. USCIS assumes firstly, is Visa Fraud, when they see this type of case. Is nothing you can do to change the 'first assumption' - this is how it's handled. Sure, you can present all the evidence that you think you have, that you think they want, to OVERCOME the INITIAL ASSUMPTION of Visa Fraud, but, IMO, will be useless to attempt - as her 'situation', as you've described it, fits the USCIS parameters for VISA FRAUD.

Has it been done before? Sure.

Will you be successful? Hard to say, I'm betting with a 'NO' answer.

Edited December 22, 2009 by Darnell

[wil 0]

If I were in your shoes, I would have filed the I-130 petition for IR5 visa the day after receiving the citizenship 'paperwork'. She'd probably have her interview in March 2010 (if you used e-file at NVC) .

Seriously, file an I-130 whilst Mom is in China.

There are NOT 'wait times' for parents of USC - it goes as fast as one for a spouse, sometimes faster.

If you want MORE speed on an I-130 that's bound to GUZ, then enroll in NVC electronic processing, once the petition is at NVC - see http://www.visajourney.com/wiki/index.php/...onic_Processing

There was another recent USC with Chinese parents that was planning the same as you - adjust stateside when here on B2 visa, posting here on VJ sometime in the last 6 months. Didn't see any followup with 'what he did' - but.

Seriously, making the attempt is a huge risk - as MUST prove up is NOT Visa Fraud. That's going to be hard to do. USCIS assumes firstly, is Visa Fraud, when they see this type of case. Is nothing you can do to change the 'first assumption' - this is how it's handled. Sure, you can present all the evidence that you think you have, that you think they want, to OVERCOME the INITIAL ASSUMPTION of Visa Fraud, but, IMO, will be useless to attempt - as her 'situation', as you've described it, fits the USCIS parameters for VISA FRAUD.

Has it been done before? Sure.

Will you be successful? Hard to say, I'm betting with a 'NO' answer.

If I would have known this, I would have applied for her in Sep. That time my mother was still in New York with me... She returned in Oct...

But I will do the legal way to apply for her. Thank you!

[Chica Yeyé 41]

If I would have known this, I would have applied for her in Sep. That time my mother was still in New York with me... She returned in Oct...

But I will do the legal way to apply for her. Thank you!

You know now

[payxibka 10,047]

Even if they admit her, which I doubt, she will not be granted longer stay, only to the very day her visa expires, i.e. for some 2 weeks.

Visa expiration has no bearing on admitted status if entry is allowed... the visa expiration is solely the latest date that the alien can appear at a border to request admission into the country. Period.

The authorized stay period when granted has nothing to do with the visa expiration as the two are not related.

Think about the K-1... a K-1 visa holder has up to the last day of the visa to present themselves at the boarder to request admission and then they are give a 90 day authorized stay... a tourist visa is the same.... A CBP office could grant a lesser stay but it is not based on the visa expiration date

Edited December 22, 2009 by payxibka

[payxibka 10,047]

There is a huge chance they will not let her in. If they do, it will only be for the validity of her visa, meaning she has to return to China then.

Sister Len... you know better than this..... visa expiry and authorized length of admission are not related

Edited December 22, 2009 by payxibka

[Chica Yeyé 41]

Sister Len... you know better than this..... visa expiry and authorized length of admission are not related

oh snap -- I contradicted myself. I agree with you.