Does USCIS usually call you for an interview when you file AOS for your parent?

[Europeanboy 0]

My mother came a month and a half ago. I am getting ready to file her adjustment of status from B-2. Do you think that there is anything wrong with that. I became a US citizen a week ago. I do not thing it's wrong if she is an immediate relative. Do you think USCIS will call us for an interview. There is no validity of relationship to be proven. Any inputs?

Edited October 11, 2011 by Europeanboy

[Harpa Timsah 13,258]

They will call you for an interview, that is guaranteed. It sounds like your mother planned to come to the US on a visitor visa and adjust status, as the timing coincides perfectly with your new citizenship. Planning to immigrate on a non-immigrant visa is illegal and visa fraud.

[Ning 619]

My mother came a month and a half ago. I am getting ready to file her adjustment of status from B-2. Do you think that there is anything wrong with that. I became a US citizen a week ago. I do not thing it's wrong if she is an immediate relative. Do you think USCIS will call us for an interview. There is no validity of relationship to be proven. Any inputs?

I agree this isnt a good idea at all. If this is actually considered fraud it will be very serious. You should re consider taking this action.

[Brother Hesekiel 2,236]

Why taking such a huge risk?

File an I-130 for her now, let her stay until the I-94 is about to expire, and by the time she's returning it's almost time to file the IR-5 visa. So much smoother, so much cheaper, and zero risk for her to be banned from the U.S. for life!

[Europeanboy 0]

Why taking such a huge risk?

File an I-130 for her now, let her stay until the I-94 is about to expire, and by the time she's returning it's almost time to file the IR-5 visa. So much smoother, so much cheaper, and zero risk for her to be banned from the U.S. for life!

That was what I found online. An advice from a lawyer:

It is important to realize that an adjustment of status is discretionary. It is possible for a person who is technically eligible for an adjustment of status to still be denied based upon the exercise of discretion by the USCIS. The most common reason why an adjustment of status is denied is where the alien abused the non-immigrant process.

Under the 30-60-90 day rule, a person who applies for a change of visa status (including adjustment of status) within 30 days of entering the U.S. is presumed to have acted in bad faith. In other words, the USCIS will presume that such a person had preconceived intent to make the change before entering the U.S. and used an easier visa to avoid the normal screening process conducted by U.S. consulates abroad.

If the adjustment of status application is made between 30 to 60 days of entering the U.S., there is no presumption made. However, there will be a strong suspicion that the person acted in bad faith and heightened scrutiny shall apply.

If the adjustment of status application is made after 60 days of entering the U.S., the presumption will be that the person acted in good faith. However, previous visa history will nevertheless be examined to determine whether any abuses of the immigration process may have occurred in the past.

How does this all matter for international couples? Should you enter the U.S. on, for example, a tourist visa, and meet the love of your life, I recommend that you wait AT LEAST 60 days from the date of entry into the U.S. before getting MARRIED. Even though you never had the intention marry when you entered the U.S. on a VWP or tourist visa, it is the appearance of pre-conceived intent that will trigger USCIS scrutiny. To play it safe, always wait AT LEAST 60 days from the date of entry to marry and apply for lawful permanent residence through Adjustment of Status.

[kzielu 1,149]

First - there is no longer a 30-60 rule. Second - don't you think that explicitly trying to avoid would make things even worse ?

[ceadsearc 516]

The 30-60-90 rule does not actually exist for AOSing. What does exist, however, is IO discretion and whether or not they think you intended to misuse a visa. In this case, since your mother obviously came after you filed for naturalization and around the time you knew it would be approved, it's going to look very suspicious.