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iGalin

Please suggest if it's possible

By iGalin in Bringing Family Members of US Citizens to America

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iGalin Contributor

iGalin   7

Posted
Filed: Country: Russia
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Hello dear VJ members,

I'm US citizen and want to bring my mom to states.

Currently I need her here(USA) so urgent that I'm thinking to apply for tourist visa for her in home country,

then once she'll get here I'm planning to adjust her status by filing I-130 and I-485.

The reason why I wanna do that way is tourist visa will take less time than IR-5. Would there be any problems with my scenario?

Any feedbacks are appreciated.

Best regards,

iGalin

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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Filed: Lift. Cond. (apr) Country: Israel
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Yes, there are problems. It is illegal to enter the US on a non-immigrant visa with the intent to immigrate.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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iGalin Contributor

iGalin   7

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Filed: Country: Russia
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Thanks, Harpa Timsah,

What if mom will be holding tourist visa and be here but as you mentioned since it's illegal, can I still apply for IR-5 visa?

In other words she ll be in states and I petition for her IR-5 then once she'll receive interview letter in home country she'll just go back and go through IR-5 processing.

Is it possible?

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sofya Contributor

sofya   10

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Filed: Citizen (pnd) Country: Russia
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Your mother should never apply for a tourist visa with a goal to adjust to LPR status later. Tourist visas are non-immigration visas and should never be used to wiggle your way into the country. This is considered fraud and, should it be discovered by the USCIS officials, for example at the time of the visa interview at the embassy, your relative would face at least a visa denial and, in a worse case, a ban from entering the U.S. for years, and you could face fines or time in prison for concealing your knowledge of this/aiding the process. See more details here:

http://www.ilw.com/immigrationdaily/news/2006,1018-crs.pdf

What I would recommend is bring your mom for a short visit on a tourist visa now, but let her go back and go through a conventional immigration visa process.

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
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That is fine if she gets approved for a tourist visa. She must not overstay her tourist visa though, so she needs to return before her stay expires even if it's not time for her interview yet.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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benuk Rising Star

benuk   18

Posted
Filed: IR-5 Country: United Kingdom
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Posted

So are there any obstacles while she'll be here in tourist visa and going IR-5 route processing, once interview will be scheduled in US embassy/consulate in home country she'll just go back?

You should never try the easy...Yes it will take maybe 3 months less than a IR-5 but if things goes wrong?? probably she could be banned for life! There are no easy way when it comes to the United States Immigration Law!Let's RESPECT that for our own good.

Hello dear VJ members,

I'm US citizen and want to bring my mom to states.

Currently I need her here(USA) so urgent that I'm thinking to apply for tourist visa for her in home country,

then once she'll get here I'm planning to adjust her status by filing I-130 and I-485.

The reason why I wanna do that way is tourist visa will take less time than IR-5. Would there be any problems with my scenario?

Any feedbacks are appreciated.

Best regards,

iGalin

Still you can try whatever you want!

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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Counselorette Rookie

Counselorette   2

Posted
Filed: Other Country: Russia
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Posted

Getting a US tourist visa for Russian citizens is quite easy now days - approval rates are around 85%. Your mother will have to show the lack of immigration intentions by submitting evidence of social and economical ties to her current place of residence. Once she gets the tourist visa and attempts to enter the United States, she will be asked about the purpose of her visit, and she must not intend to stay in the US permanently.

If your mother has sufficient ties to Russia (real estate, job, family, etc.) and you are a US citizen, there should be no problems with her visiting you for up to 6 months at a time, and your petitioning for her green-card. However, do not attempt to fool the system - that will causes troubles! Let's take two hypos. Hypo 1. A person enters the US with the intent to spend here 4 months and then leave. He gets admitted as a tourist, but then due to change of circumstances he decides to stay here, and his US citizen child petitions for him. There should be no problem with obtaining a Lawful Permanent Resident status here. Hypo 2. A person tries to enter the US on a tourist visa with the intention to stay here because his child is a US citizen and can petition for him. That is visa fraud. As tempting as it may sound, the misrepresentation of your immigration intentions at the US Consulate and the Border Patrol will cause consequences.

Anna T.

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benuk Rising Star

benuk   18

Posted
Filed: IR-5 Country: United Kingdom
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Posted (edited)

Getting a US tourist visa for Russian citizens is quite easy now days - approval rates are around 85%. Your mother will have to show the lack of immigration intentions by submitting evidence of social and economical ties to her current place of residence. Once she gets the tourist visa and attempts to enter the United States, she will be asked about the purpose of her visit, and she must not intend to stay in the US permanently.

If your mother has sufficient ties to Russia (real estate, job, family, etc.) and you are a US citizen, there should be no problems with her visiting you for up to 6 months at a time, and your petitioning for her green-card. However, do not attempt to fool the system - that will causes troubles! Let's take two hypos. Hypo 1. A person enters the US with the intent to spend here 4 months and then leave. He gets admitted as a tourist, but then due to change of circumstances he decides to stay here, and his US citizen child petitions for him. There should be no problem with obtaining a Lawful Permanent Resident status here. Hypo 2. A person tries to enter the US on a tourist visa with the intention to stay here because his child is a US citizen and can petition for him. That is visa fraud. As tempting as it may sound, the misrepresentation of your immigration intentions at the US Consulate and the Border Patrol will cause consequences.

Anna T.

The whole point here is if you enter the US with a Non-immigrant Visa (B1/B2) having in mind the intention to Immigrate is considered Fraud no matter the circumstances period!But again you can still try at your own risk!

Edited by benuk

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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Boiler Grand Master

Boiler   45,537

Posted
Filed: K-1 Visa Country: Wales
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Posted

First she would need to get a B2.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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benuk Rising Star

benuk   18

Posted
Filed: IR-5 Country: United Kingdom
 Timeline
Posted

First she would need to get a B2.

:thumbs:

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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