Filed citizenship and mom has touris visa

[Mommymeee 0]

I filed my citizenship feb 2017 and my mom has a tourist visa that will lapse this coming April 1. Is it possible to file her petition while my application(citizenship) is on process? My mother is  here in US she will be out of status soon? I don't want her to go home (Philippines) because nobody will take care of my babies. 

[KULtoATL 1,551]

Well, that will be visa fraud. So think twice before trying to adjust her status while she's on a B2. Not that no one has ever done it before but if this adjustment of status application is denied, it will be difficult for her to get another tourist visa in the future. Reason being, the future consular officers and CBP officers will know that she has an immigration intent.

[Hypnos 6,576]

Only US citizens can file for parents, and you aren't currently a US citizen.

[Unlockable 7,314]

No you can't. Upon filing for parents you have to show proof of being a citizen which you are not yet. Also to add, there is no guarantee that you will be approved to be naturalized. If you application is denied then you will need to start over again with the process which could take another year or so. All the while you mother will be illegal.

[Boiler 44,971]

Also she is not allowed to work on a tourist visa.

[zilchfox 296]

In order, this is what you should do:

 

1. She should go home before she overstays.

2. Hire a babysitter.

3. You should become a USC.

4. Now you can petition your parents.

[Unshakable Faith 493]

5 hours ago, KULtoATL said:

Well, that will be visa fraud. So think twice before trying to adjust her status while she's on a B2. Not that no one has ever done it before but if this adjustment of status application is denied, it will be difficult for her to get another tourist visa in the future. Reason being, the future consular officers and CBP officers will know that she has an immigration intent.

It's only visa fraud if her intent when she traveled here was to never go home.   Otherwise, it's just a change of plans. 

 

OP, of course it will be your burden to prove such. 

[Cathi 5,721]

No, you cannot file until you're a citizen.

 

Also, babysitting is considered working even is you're not paying her. It is illegal for her to work while here on a tourist visa.

[KierenHby 897]

Babysitter? 

[Mommymeee 0]

If I will let my mom go back to the Philippines, can she go back here maybe after a month?

[ConOfficer 167]

Not a good idea for her to leave and immediately come back. As you might have seen on other threads here, Customs and Border Patrol has and will deport people that they believe are working or otherwise abusing their visas. That's a 5 year bar.

 

As others have noted, finish up your naturalization paperwork and file an I-130 for her. It will take 10 months or so. 

[geowrian 22,337]

39 minutes ago, Mommymeee said:

If I will let my mom go back to the Philippines, can she go back here maybe after a month?

"Will let"? It's her choice, not yours...

 

You must be a USC first. Only afterwards can you file for her. It would be illegal for her to stay in the US while you await naturalization since her I-94 stamp will expire before then, and she could be deported (making your case MUCH more difficult, costly, and take much longer).

 

Yes, she can try to visit again, albeit:

1) Returning so soon after staying for a full duration of her previous I-94 will likely cause CBP to believe she is living in the US, not just visiting. This can get her denied or even incur a bar from returning. A general rule of thumb (not law or policy!) is to spend twice as much time outside the US as in it.

2) She cannot enter on a tourist visa and intend to stay in the US and file AOS. That is visa fraud.

3) Watching your children is considered work, which is not permitted on a tourist visa. That's what a babysitter is for. There's a gray area for somebody who occasionally watches a child when needed, but it sounds pretty clear this is well beyond that and CBP will see it as unauthorized work.

15 hours ago, KULtoATL said:

Well, that will be visa fraud. So think twice before trying to adjust her status while she's on a B2. Not that no one has ever done it before but if this adjustment of status application is denied, it will be difficult for her to get another tourist visa in the future. Reason being, the future consular officers and CBP officers will know that she has an immigration intent.

As noted above, it's not visa fraud to adjust from a tourist visa. It's visa fraud to enter the US with the intent to adjust. Deciding to adjust afterwards is legal.

 

Edit: As others have noted, become a USC first, then file the I-130 to get her an immigrant visa.

Edited March 20, 2017 by geowrian

[USC1961 251]

13 hours ago, FN&KO said:

It's only visa fraud if her intent when she traveled here was to never go home.   Otherwise, it's just a change of plans. 

 

OP, of course it will be your burden to prove such. 

Not so.  This isn't a case of someone marrying a USC while on vacation.  It is fraud because the mom will knowingly be overstaying her tourist visa when there is no valid path to adjustment.   Whether that was her intent or not while entering doesn't matter in this instance.  Although if it was done with intent it would make the fraud even more severe.

Edited March 20, 2017 by Cruise77

[Unshakable Faith 493]

16 minutes ago, Cruise77 said:

Not so.  This isn't a case of someone marrying a USC while on vacation.  It is fraud because the mom will knowingly be overstaying her tourist visa when there is no valid path to adjustment.   Whether that was her intent or not while entering doesn't matter in this instance.  Although if it was done with intent it would make the fraud even more severe.

If there's no valid path to adjustment then there wouldn't be the ability for her to adjust after her daughter is a US citizen. 

 

Overstaying her visa is not fraud, it's just illegal. 

Edited March 20, 2017 by FN&KO
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[Hypnos 6,576]

Overstaying a visa is a civil offense, not criminal.