Can I applying for mother I-485 & Minor sisters as derivates for AOS?

[talatshah 0]

Hi ,

I will be US citizen in couple of months and next month my mother and minor sister's are coming here to visit me and i want them to stay here with me . Can I file I-485 AOS for my mother and Minor sister's(9year and 15 years Old) as derivates?

if i apply I-130 my mom she can come in one year and get green card but my minor sisters cannot come to usa for like 10 years .

If some body have did this procedure please help me out in this matter . I will appreacaite your help.

Edited December 13, 2010 by talatshah

[Boiler 45,525]

If they are coming as Visitors and the PoE suspect they will stay, they will be on the next plane home.

You can once you are a USC file for both your Mother and your Sisters. There is no wait for your Mother, about 10 years give or take for your Sisters. Your Sisters could then bring any spouse/children with them.

If your Mother comes first she could file for her daughters, it would be quicker, but who would look after them?

[YuAndDan 153]

Depends if you are a US citizen or a green-card holder.

A person can only adjust status based on an I-130 being filed that would result in an IMMEDIATE relative class in the UN-Limited class.

If you are a US Citizen you could assist you mother in getting a green-card through adjustment of status, HOWEVER, there is NO derivative for your sibling and she would NOT be able to adjust status.

Also even if you mother adjusted status she could not assist in sibling's AOS because again mother filing I-130 would not result in an unlimited class visa unless mother were a US Citizen.

If you are a green-card holder your mother cannot adjust status.

Lastly, keep in mind if USCIS suspects misuse of a visitor's visa with intent to immigrate, they can always DENY AOS, use of a B-2 NON-IMMIGRANT visa with full intent to immigrate is considered to be visa fraud. If you wish for mother to immigrate, then file an I-130 petition for her (IF you are a US Citizen).

Also note, a US Citizen cannot file an I-130 for an IN-LAW, so if you are a green-card holder, your US Citizen spouse cannot assist in your parent adjusting status, or petition for a visa for your parent.

[talatshah 0]

Thanx Alot for your information Guys......... I know few pplz who had AOS on visiter visa ....... I hope some body have more information ..... Please guys share your experince ..........

Thank u

[YuAndDan 153]

Thanx Alot for your information Guys......... I know few pplz who had AOS on visiter visa ....... I hope some body have more information ..... Please guys share your experince ..........

Thank u

Again AOS requires a basis to adjust from, which will be an I-130 filed with the I-485, the I-130 attached if approved needs to result in an immediate visa number.

http://www.uscis.gov/files/form/i-485instr.pdf