Adjustment of Status: Tourist to Immigrant?? Is it possible

[merc 2]

The mother of a friend of mine is in the US on a multiple entry tourist VISA (4th time) and is planning to petition her to migrate in the US. Any suggestion on what route to take and here are some of our questions:

1. Can she file an Adjustment of Status for her mother while in the US on a tourist VISA to an Immigrant Visa? or

2. Is the best option is for her mom to return to her country and then the daughter (USC) petition her on IR5 Category.

Thank you all for your reply.

merc

[YuAndDan 153]

Either way works, however in the case of an adjustment of status will need to be prepared to answer questions as to INTENT upon entry to the USA, if the interviewing officer feels that the INTENT when entering the USA WAS to Immigrate, they can just as well deny the adjustment of status.

Also be aware, sometimes at the POE, if the officer feels there is a possible immigrations intent, they can take the person aside and ask a few more questions, sometimes making the visitor sign a form stating there is NO immigrations intent, which can and does get used to deny an adjustment of status.

Best thing if contemplating immigrations, is for US Citizen to file an I-130 for an IR-5 IMMIGRANT visa and do it the correct way.

Edited June 14, 2011 by YuAndDan

[Harsh_77 718]

1st option is no no, I would go for 2nd option.

Option 1 is considered fraud and mis-representation and can create a problem.

[merc 2]

YuAndDan & Harsh_77;

Thank you for your reply and suggestion. It's IR5 Immigrant category then.

merc