AOS for mother of US citizen under VWP

[Collie 122]

What you are attempting to do is fraudulent and you risk having your mother banned from the US. We would all like to have our parents in the US with us, but there is a legal process for it all. You should file the I-130 and have a clear conscience to go forward. You have several risk factors in what you are trying to do. She could be banned at the port of entry if she cannot prove that she still has domicile in her home country, meaning she would be sent right back on the next plane and never set foot outside the airport. Immigration officers are smart. They know the right questions to ask. Also if she does get into the country, there is absolutely no guarantee just because you are a USC that she will be given an immigrant visa. She could easily be denied at her interview for adjustment of status.

All of us on this particular forum have been waiting for over a year for our parents to join us in the United States. We all have a story to tell and our reasons for wanting our moms and dads here, but we are going the legal route, because we know that it is the right thing to do.

[Boiler 46,144]

Also if she does get into the country, there is absolutely no guarantee just because you are a USC that she will be given an immigrant visa. She could easily be denied at her interview for adjustment of status.

She would not need a visa of she was in the US. There would need to be some other reason to be denied and it would not be easily.

[Collie 122]

She would not need a visa of she was in the US. There would need to be some other reason to be denied and it would not be easily.

* I mistyped - I meant a permanent resident card rather than an immigrant visa.

[Cathi 5,794]

What law has changed? You seem to be misinformed.

During the interview, they may determine that your mother came in under VWP with the intent to emigrate. You know what will happen then... she will be denied residence, she will be deported, and possibly banned for anywhere from 3 years to a lifetime ban for visa fraud.

It's not worth it to save a few months wait.

Do it the right way.

http://www.visajourney.com/content/immigration-parents-overview

http://www.visajourney.com/content/immigration-parents

It's a lifetime ban with no appeal or waiver

[Boiler 46,144]

What is?

[Cathi 5,794]

What is?

That poster said it was anywhere from a 3 year ban to a lifetime ban. It's is no less than a lifetime ban with no appeal or waiver for entering the US on the VWP with intent to adjust status.

[Boiler 46,144]

Since when?

[Avery Cates 1,141]

Since when?

For misrepresenting yourself to an immigration official? Since pretty much always.

[Boiler 46,144]

For misrepresenting yourself to an immigration official? Since pretty much always.

You rephrased the question, but there are waivers available for misrepresentation, not that anybody has suggested any misrepresentation.

[AmyWrites 593]

Have your mom come to the US and tell the CBP officer that the law allows her to adjust status.

[dwheels76 5,469]

Hi,

I am planning on helping my mom move to the US in the next few months. I am a US citizen by birth and my mom is a naturalized Dutch citizen. She will be coming in two months under the VWP. I was told these are the forms we need to file and we can file them all at once as soon as she gets here. Is this correct?

I-130, I-485, I-693, I-864, I-765, I-131

I do know I need to file some other forms that as part of the ones I mentioned above. I will be posting a final checklist once I have gathered everything. I have a few questions though.

Will it be a problem since she will be under the VWP? If not, do we need to file everything before the 90 days? What will happen if we don't hear back before the 90 days are over? Will she have to go back?

Most of the forms ask for either a visa number or an alien number. Is this the ESTA number? What should I put in here?

Thank you in advance for all your help!

Hello jxs832 i know it seems gloomy and it seems like a double standard mess of misunderstanding words (our immigration laws). But the big issue will be when you say moving your mom here.

Imagine she has shut everything down back home she is cocked, locked and ready to rock to the US. Now comes the landing at airport and the CBP who may or may not ask her questions (I think may ask).

So how will she answer "what is the intention of the visit"? You know its all in how they ask right!

"Who are you visiting". Of course she is no liar and wants to be truthful, but then why is the law posted as it is and why can't she say "I am coming to immigrate to the US because I am an Immediate relative of a citizen. You know frankly why can't anyone say that and it be okay. I mean it is legal for her to do such a thing.

I am sorry and have no answers.

[Boiler 46,144]

When you think how many other issues are screwed, why should this be different?

[David & Diana R 1,005]

Hi,

I am planning on helping my mom move to the US in the next few months. I am a US citizen by birth and my mom is a naturalized Dutch citizen. She will be coming in two months under the VWP. I was told these are the forms we need to file and we can file them all at once as soon as she gets here. Is this correct?

I-130, I-485, I-693, I-864, I-765, I-131

I do know I need to file some other forms that as part of the ones I mentioned above. I will be posting a final checklist once I have gathered everything. I have a few questions though.

Will it be a problem since she will be under the VWP? If not, do we need to file everything before the 90 days? What will happen if we don't hear back before the 90 days are over? Will she have to go back?

Most of the forms ask for either a visa number or an alien number. Is this the ESTA number? What should I put in here?

Thank you in advance for all your help!

Giving you advice on this matter would be assisting you with IMMIGRATION FRAUD.

[David & Diana R 1,005]

You should have your mom openly declare to the CBP officer that she is going to stay and AOS.

Then come back here and report how it works out for you.

I love this recommendation!

[Avery Cates 1,141]

Hi,

I am planning on helping my mom move to the US in the next few months. I am a US citizen by birth and my mom is a naturalized Dutch citizen. She will be coming in two months under the VWP. I was told these are the forms we need to file and we can file them all at once as soon as she gets here. Is this correct?

I-130, I-485, I-693, I-864, I-765, I-131

I do know I need to file some other forms that as part of the ones I mentioned above. I will be posting a final checklist once I have gathered everything. I have a few questions though.

Will it be a problem since she will be under the VWP? If not, do we need to file everything before the 90 days? What will happen if we don't hear back before the 90 days are over? Will she have to go back?

Most of the forms ask for either a visa number or an alien number. Is this the ESTA number? What should I put in here?

Thank you in advance for all your help!

Make sure she has the forms filled out so she can show them to the Customs and Border Patrol agent.