Applying for Green Card in USA

[ziko 0]

Hello to all,

I have A question and I hope anyone help me out with it.

My mom here on (TOURIST VISA).10 YEARS VISA.

I'm Citizen of United State.

Can I apply for Green Card for my mom while she is here on tourist visa ?

thank you all.

[ngvuanh 0]

The answer is YES.

You will be filling out and sending in I-130 and I-485 together.

I-130 information here

I-485 information here

[ziko 0]

Thank you for your reply ,

do I need to pay for both forms separately.

thanks again

The answer is YES.

You will be filling out and sending in I-130 and I-485 together.

I-130 information here

I-485 information here

[ngvuanh 0]

Yes, you have to pay separately.

Edited July 30, 2011 by ngvuanh

[Harpa Timsah 13,258]

You cannot enter on a tourist visa with the intent to immigrate. Considering her trip coincided with your citizenship oath, it appears that was her plan, which is illegal. You should file a I-130 and follow consular processing.

[ngvuanh 0]

I don't think it's illegal except people apply for tourist visa while they have I130 pending for approved.

I am not an expert in immigration law. Some experts here will have better answer for you.

[JimVaPhuong 4,863]

I don't think it's illegal except people apply for tourist visa while they have I130 pending for approved.

I am not an expert in immigration law. Some experts here will have better answer for you.

What determines whether it's illegal is the intent of the alien at the time they entered the United States. If an alien enters with a non-immigrant entry pass or visa that specifically disallows "immigrant intent" (as most of them do), yet has the intention to remain in the US and become a permanent resident before leaving again, then they have a "preconceived intent" to immigrate at the time they enter the US - that's illegal. It's also a very murky aspect of immigration law because intent boils down to what was happening in their head at the time they entered the US. Immigration officers can't read minds, so instead they look for evidence of preconceived intent.

If a CBP officer sees what he or she believes is reasonably good evidence of preconceived intent then they will have many options available to them. They could just deny the alien entry as a matter of discretion. They could take them into secondary inspection and question them (extensively) about their intentions. If they determine the alien lied about something during the interrogation then they could summarily eject them from the US using a process called "expedited removal", which is essentially immediate deportation. If they don't go as far as believing the alien lied, but they don't necessarily believe their story, they can still deny them entry as a matter of discretion. In some cases, CBP has been known to carefully document the evidence of intent that they have found, and require the alien to sign a statement declaring they don't intent to immigrate as precondition to allowing them to enter. If the alien subsequently applies for adjustment of status then USCIS has them for material misrepresentation - evidence of their preconceived intent, proof of that intent by their AOS application, and their sworn statement to the contrary constituting a lie to an immigration officer. They'll be deported from the US with a potential lifetime ban.

[ziko 0]

What determines whether it's illegal is the intent of the alien at the time they entered the United States. If an alien enters with a non-immigrant entry pass or visa that specifically disallows "immigrant intent" (as most of them do), yet has the intention to remain in the US and become a permanent resident before leaving again, then they have a "preconceived intent" to immigrate at the time they enter the US - that's illegal. It's also a very murky aspect of immigration law because intent boils down to what was happening in their head at the time they entered the US. Immigration officers can't read minds, so instead they look for evidence of preconceived intent.

If a CBP officer sees what he or she believes is reasonably good evidence of preconceived intent then they will have many options available to them. They could just deny the alien entry as a matter of discretion. They could take them into secondary inspection and question them (extensively) about their intentions. If they determine the alien lied about something during the interrogation then they could summarily eject them from the US using a process called "expedited removal", which is essentially immediate deportation. If they don't go as far as believing the alien lied, but they don't necessarily believe their story, they can still deny them entry as a matter of discretion. In some cases, CBP has been known to carefully document the evidence of intent that they have found, and require the alien to sign a statement declaring they don't intent to immigrate as precondition to allowing them to enter. If the alien subsequently applies for adjustment of status then USCIS has them for material misrepresentation - evidence of their preconceived intent, proof of that intent by their AOS application, and their sworn statement to the contrary constituting a lie to an immigration officer. They'll be deported from the US with a potential lifetime ban.

Sorry I didn't give much detail .

My mom she got her 10 years Visa when I was A conditional Green card holder in 2008 .

and now she have a medical issue and she need treatment here , and the medical in my born country not good at all ,

I hope anybody tell me more detail about what document do I need to file.

Thanks