Question on petitioning for my Mom when she is in US

[calitoday 0]

Hi guys, I want to ask you guys some questions. I will be a US citizen soon and my Mom just got tourist visa. Should I file I-130 for her when she is till in my country? Could I file I-130 for her if she is in US on her tourist visa? If so, does she have to go back to my country for interview? Please help me as soon as possible. Thank you so much!

[Mononoke28 135]

Hi guys, I want to ask you guys some questions. I will be a US citizen soon and my Mom just got tourist visa. Should I file I-130 for her when she is till in my country? Could I file I-130 for her if she is in US on her tourist visa? If so, does she have to go back to my country for interview? Please help me as soon as possible. Thank you so much!

Yes, you can file form I-130 as soon as you become a US citizen but your mom will need to go back to her country before her tourist visa expires. If she does not, it will get more complicated.

If you try to file for her to Adjust Status once she's here in the US, then you will be committing fraud because you plan to use her tourist visa for her to stay in the US and not to visit. According to Immigration, that's considered fraud.

Diana

[calitoday 0]

Thank you for replying. My Mom does not intend to get the tourist visa for immigration purpose. I will do I-130 for her soon and she only needs to wait for less than a year. The thing is I do not want to waste money for air-ticket for going back and ford. I want her to have Christmas time with me while if she waits for I-130, she will miss the event. Anyway, thank again.

[Anh map 2,098]

Be sure to research the impact of her overstaying her tourist visa on her ability to adjust status successfully. It is always best to be fully informed prior to an interview with potential unpleasant consequences.

Best of luck.

[JimVaPhuong 4,863]

Thank you for replying. My Mom does not intend to get the tourist visa for immigration purpose. I will do I-130 for her soon and she only needs to wait for less than a year. The thing is I do not want to waste money for air-ticket for going back and ford. I want her to have Christmas time with me while if she waits for I-130, she will miss the event. Anyway, thank again.

Why would she have to wait? She's got a tourist visa. She can come and visit over the Christmas holidays.

Have a seat, son. Let me tell you a bedtime story...

Once upon a time there was a young lad who wanted his mom to come live with him in the United States. He looked at his options.

The young lad had just gotten his US citizenship, so he could sponsor his mom for an immigrant visa. The problem was that this process can take up to a year to complete. He didn't want to wait that long. Option #1 was too cold.

His mom had a tourist visa, so she could come and visit anytime. If she wanted, she could just stay in the US and never go back to her home country. After all, millions of other people have done it. The problem was that she'd be an illegal immigrant. She couldn't work, or collect Social Security. She couldn't even leave the US to visit her family back in her home country. Option #2 was too hot.

Now, his mom could come to the US with her tourist visa, but instead of staying illegally he could submit an I-130 and I-485 so that his mom could get a green card. She'd be able to work, and she'd be able to leave the US and visit her family back in her home country. Yes, option #3 was just right!

So, his mom packed her bags to come to the US. He told his mom what she was going to need to bring in order to file the papers with the US government so that she could get her green card, including her birth certificate and other evidence to prove her family relationship with her son. She also packed up all of her family heirlooms and photos, since she wasn't going to be coming back for a long time. Before she left, she went to the justice department and got a police certificate, since she heard she was going to need that document in order to get her green card.

Mom went the airport and checked in her bags, and boarded the airplane. When she got to America she left the plane and stood in line to be cleared by the immigration authorities. While she was waiting, the TSA inspectors were examining luggage being unloaded from the airplane. Her bag got special attention. The TSA agent wondered why someone visiting the United States for only a few months would bring a birth certificate, grade school records and photos of her son as a child, and a police report from her home country? These things aren't needed for a short visit to the US.

By the time Mom got to the front of the line, the TSA had already notified the CBP officers what they found. The CBP officer was suspicious. He asked Mom why she came to America. Mom said "To visit my son". The CBP officer asked if she intended to stay in the United States, or apply for a green card here. Mom said "No, of course not".

Six months later - Mom and son are being interviewed by a USCIS immigration officer for the green card application. The immigration officer showed Mom the record of what the TSA agent had found in her luggage - preconceived intent to immigrate. The immigration officer then showed Mom the record of her conversation with the CBP officer, and her denial that she intended to immigrate - material misrepresentation. The immigration officer then told Mom that she was going to be deported for material misrepresentation, and receive a lifetime ban from ever entering the United States again.

Mom and son cried for a very long time.

The end!

[calitoday 0]

Why would she have to wait? She's got a tourist visa. She can come and visit over the Christmas holidays.

Have a seat, son. Let me tell you a bedtime story...

Once upon a time there was a young lad who wanted his mom to come live with him in the United States. He looked at his options.

The young lad had just gotten his US citizenship, so he could sponsor his mom for an immigrant visa. The problem was that this process can take up to a year to complete. He didn't want to wait that long. Option #1 was too cold.

His mom had a tourist visa, so she could come and visit anytime. If she wanted, she could just stay in the US and never go back to her home country. After all, millions of other people have done it. The problem was that she'd be an illegal immigrant. She couldn't work, or collect Social Security. She couldn't even leave the US to visit her family back in her home country. Option #2 was too hot.

Now, his mom could come to the US with her tourist visa, but instead of staying illegally he could submit an I-130 and I-485 so that his mom could get a green card. She'd be able to work, and she'd be able to leave the US and visit her family back in her home country. Yes, option #3 was just right!

So, his mom packed her bags to come to the US. He told his mom what she was going to need to bring in order to file the papers with the US government so that she could get her green card, including her birth certificate and other evidence to prove her family relationship with her son. She also packed up all of her family heirlooms and photos, since she wasn't going to be coming back for a long time. Before she left, she went to the justice department and got a police certificate, since she heard she was going to need that document in order to get her green card.

Mom went the airport and checked in her bags, and boarded the airplane. When she got to America she left the plane and stood in line to be cleared by the immigration authorities. While she was waiting, the TSA inspectors were examining luggage being unloaded from the airplane. Her bag got special attention. The TSA agent wondered why someone visiting the United States for only a few months would bring a birth certificate, grade school records and photos of her son as a child, and a police report from her home country? These things aren't needed for a short visit to the US.

By the time Mom got to the front of the line, the TSA had already notified the CBP officers what they found. The CBP officer was suspicious. He asked Mom why she came to America. Mom said "To visit my son". The CBP officer asked if she intended to stay in the United States, or apply for a green card here. Mom said "No, of course not".

Six months later - Mom and son are being interviewed by a USCIS immigration officer for the green card application. The immigration officer showed Mom the record of what the TSA agent had found in her luggage - preconceived intent to immigrate. The immigration officer then showed Mom the record of her conversation with the CBP officer, and her denial that she intended to immigrate - material misrepresentation. The immigration officer then told Mom that she was going to be deported for material misrepresentation, and receive a lifetime ban from ever entering the United States again.

Mom and son cried for a very long time.

The end!

Thank JimVaPhuong alot. After hearing your interesting story, I will decide that either I will accept to pay the air-ticket twice or my Mom will miss a Christmas time with me. I likely choose the first option. Anyway, thank JimVaPhuong again. You really give me a good advice. I really appreciate your respond. You have a wonderful night. I will definite ask you if I have other questions. Thank again!

Edited September 9, 2010 by calitoday

[bunnyta 0]

Why would she have to wait? She's got a tourist visa. She can come and visit over the Christmas holidays.

Have a seat, son. Let me tell you a bedtime story...

Once upon a time there was a young lad who wanted his mom to come live with him in the United States. He looked at his options.

The young lad had just gotten his US citizenship, so he could sponsor his mom for an immigrant visa. The problem was that this process can take up to a year to complete. He didn't want to wait that long. Option #1 was too cold.

His mom had a tourist visa, so she could come and visit anytime. If she wanted, she could just stay in the US and never go back to her home country. After all, millions of other people have done it. The problem was that she'd be an illegal immigrant. She couldn't work, or collect Social Security. She couldn't even leave the US to visit her family back in her home country. Option #2 was too hot.

Now, his mom could come to the US with her tourist visa, but instead of staying illegally he could submit an I-130 and I-485 so that his mom could get a green card. She'd be able to work, and she'd be able to leave the US and visit her family back in her home country. Yes, option #3 was just right!

So, his mom packed her bags to come to the US. He told his mom what she was going to need to bring in order to file the papers with the US government so that she could get her green card, including her birth certificate and other evidence to prove her family relationship with her son. She also packed up all of her family heirlooms and photos, since she wasn't going to be coming back for a long time. Before she left, she went to the justice department and got a police certificate, since she heard she was going to need that document in order to get her green card.

Mom went the airport and checked in her bags, and boarded the airplane. When she got to America she left the plane and stood in line to be cleared by the immigration authorities. While she was waiting, the TSA inspectors were examining luggage being unloaded from the airplane. Her bag got special attention. The TSA agent wondered why someone visiting the United States for only a few months would bring a birth certificate, grade school records and photos of her son as a child, and a police report from her home country? These things aren't needed for a short visit to the US.

By the time Mom got to the front of the line, the TSA had already notified the CBP officers what they found. The CBP officer was suspicious. He asked Mom why she came to America. Mom said "To visit my son". The CBP officer asked if she intended to stay in the United States, or apply for a green card here. Mom said "No, of course not".

Six months later - Mom and son are being interviewed by a USCIS immigration officer for the green card application. The immigration officer showed Mom the record of what the TSA agent had found in her luggage - preconceived intent to immigrate. The immigration officer then showed Mom the record of her conversation with the CBP officer, and her denial that she intended to immigrate - material misrepresentation. The immigration officer then told Mom that she was going to be deported for material misrepresentation, and receive a lifetime ban from ever entering the United States again.

Mom and son cried for a very long time.

The end!

I LOVE IT!!! I don't understand why people always want to do it the "easy" (not so legal) way!

My parents also have tourist visas... but a tourist visa is that... "tourist"... to come and visit not to stay and try to pretend later on that they did not have the intent to stay..

[calitoday 0]

I LOVE IT!!! I don't understand why people always want to do it the "easy" (not so legal) way!

My parents also have tourist visas... but a tourist visa is that... "tourist"... to come and visit not to stay and try to pretend later on that they did not have the intent to stay..

It is not illegal. According to USCIS guide (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Resources-3rd%20level/How%20Do%20I%20Guides/B1en.pdf), any US citizens can sponsor and apply for adjustment status for parents or any immediate relatives when they are already in US like traveling or F1 visa by applying I-130 and I-485 at the same time.

[bunnyta 0]

It is not illegal. According to USCIS guide (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Resources-3rd%20level/How%20Do%20I%20Guides/B1en.pdf), any US citizens can sponsor and apply for adjustment status for parents or any immediate relatives when they are already in US like traveling or F1 visa by applying I-130 and I-485 at the same time.

So, when she gets to the airport and the IO asks her "what's the reason for your visit?", what is she going to say? "I am coming because my son (or daughter) is an US citizen and will be filing a petition for alien relative and will adjust my status?"... I don't think so... she will probably say something like "I am here just to visit him"... And that would be a LIE as she is coming with the intent of stay and adjust status... that is called FRAUD!