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Cereza

Petioning someone who has a tourist visa

By Cereza in Bringing Family Members of US Citizens to America

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Cereza Enthusiast

Cereza   1

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Hi,

This question is for a friend. Their mom is going to be in the US for 6 months on a tourist visa. The grandma wants to petition the daughter. They would like to know if it is possible to do the entire process in the US with out the mom having to go back to the Dominican Republic? Like can she have her appointment and everything done here? Any advice would be great. Thanks!

K-1

12/23/08-Mailed I-129F (VT)

12/27/08-Package arrived (VT)

12/29/08-NOA1! Yay

07/07/09-NOA2 after 6.5 months!

07/11/09-Received hardcopy of NOA2

07/14/09-Received by NVC & got case#

07/16/09-NVC sent case to SDO

07/20/09-Case arrived as SDO

08/13/09-My honey got his packet!!!

10/05/09-Appointment-Approved but on AP :(

10/20/09-Out of AP!!!

10/24/09-Hello USA

11/21/09-Wedding

AOS

12/08/09-Mailed packet

12/10/09-Delivered

12/14/09-Check cashed

12/14/09-NOA1

12/31/09-RFE

01/13/10-Biometrics

02/04/10-Case Transferred to CSC

02/09/10-EAD approved

02/13/10-EAD received

03/05/10-I485 Approved!

event.png

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

So they are planning on using the visitors visa to immigrate to the US, or are they here all ready?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Cereza Enthusiast

Cereza   1

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
  • Author
Posted
So they are planning on using the visitors visa to immigrate to the US, or are they here all ready?

They just arrived in the US with the visitors visa. The mom and the grandma are here already. If they have to return to the DR to finish that process, it's fine. But they would like to do it with out traveling. They have been trying to have the grandma petition the daughter but have been scammed a few times.

K-1

12/23/08-Mailed I-129F (VT)

12/27/08-Package arrived (VT)

12/29/08-NOA1! Yay

07/07/09-NOA2 after 6.5 months!

07/11/09-Received hardcopy of NOA2

07/14/09-Received by NVC & got case#

07/16/09-NVC sent case to SDO

07/20/09-Case arrived as SDO

08/13/09-My honey got his packet!!!

10/05/09-Appointment-Approved but on AP :(

10/20/09-Out of AP!!!

10/24/09-Hello USA

11/21/09-Wedding

AOS

12/08/09-Mailed packet

12/10/09-Delivered

12/14/09-Check cashed

12/14/09-NOA1

12/31/09-RFE

01/13/10-Biometrics

02/04/10-Case Transferred to CSC

02/09/10-EAD approved

02/13/10-EAD received

03/05/10-I485 Approved!

event.png

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

no,

she's not elegible to be in the US, she must go through consular process. If she is single, then the wait is more than 5 years, maybe 6. grandma is a USC right?

if she is married, then the wait is over 8 years, maybe 9.

she has to leave before the 6 months are over.

sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

NO.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Cereza Enthusiast

Cereza   1

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
  • Author
Posted

According to my paralegal friend this is possible under section 245A.

K-1

12/23/08-Mailed I-129F (VT)

12/27/08-Package arrived (VT)

12/29/08-NOA1! Yay

07/07/09-NOA2 after 6.5 months!

07/11/09-Received hardcopy of NOA2

07/14/09-Received by NVC & got case#

07/16/09-NVC sent case to SDO

07/20/09-Case arrived as SDO

08/13/09-My honey got his packet!!!

10/05/09-Appointment-Approved but on AP :(

10/20/09-Out of AP!!!

10/24/09-Hello USA

11/21/09-Wedding

AOS

12/08/09-Mailed packet

12/10/09-Delivered

12/14/09-Check cashed

12/14/09-NOA1

12/31/09-RFE

01/13/10-Biometrics

02/04/10-Case Transferred to CSC

02/09/10-EAD approved

02/13/10-EAD received

03/05/10-I485 Approved!

event.png

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

cereza, you might be talking about the 245i law.

you had to be in the US by Dec 2000 and the petition by April 30th, 2001. After that date, children of USC older than 21 aren't eligible to file and adjust in country.

they will go through consular process. unless she wants to stay undocumented and wait for an immigration reform. but she can be deported after the 6 months of legal stay.

Mononoke28 Grand Master

Mononoke28   137

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted
According to my paralegal friend this is possible under section 245A.

I just checked the USCIS web site and section 245A is in reference to the legalization program of the 1986 Immigration Reform and Control Act, which ended in 1988.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

 
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