Dad has pending application, mom in the US - can I file i-485 for her separately?

[PetrUA 0]

Hello dear VisaJournet forum members,

 

After having successfully gone through the immigration process for myself, I am asking for your help in my parents case.

 

I have filed an application for family based greencard for my father who is currently residing in Ukraine. We got to the point where our case was sent to the department of state, and we have appointed an agent (form 261). From what I understand in a few steps he will be interviewed and then issued a visa to become a permanent resident.

 

However, right now my mom is visiting us and helping with a baby. She came as a visitor in mid-November, and is scheduled to depart in May at the end of 6 month permitted entry for visitors.

We want her to stay, and I am considering to file i-485 Adjustment of Status immediately to have her status changed without having to leave the US.

 

I am concerned to go through two different processes, and I wanted to know if someone happened to be in the similar situation. Form DS-260 asks to list all family members that are immigrating, should she be listed? Should it be mentioned somewhere that there is another application being processed at the same time?

 

Any help would be appreciated.

Thank you.

[Transborderwife 4,666]

Technically, your mother is in violation of her visitors visa helping with a baby.  May seem ludicrous, but it's true.  It's considered 'work'

 

if you're not a citizen, you may not adjust her status.

[PetrUA 0]

Let's say she is visiting.

 

Yes, I am a citizen. 

 

Thank you.

[Transborderwife 4,666]

Just now, PetrUA said:

Let's say she is visiting.

 

Yes, I am a citizen. 

 

Thank you.

If you're a citizen by all means file since she's here now.

[KierenHby 899]

3 minutes ago, Transborderwife said:

Technically, your mother is in violation of her visitors visa helping with a baby.  May seem ludicrous, but it's true.  It's considered 'work'

 

if you're not a citizen, you may not adjust her status.

And those violations (previous B2 aos\cos) raise the bar for other genuine applicants to get B2s. 

[PetrUA 0]

Thank you for such an encouraging reply.

 

Just to clarify, here is my major concern:

 

If we file application for mom, while having a pending application for dad, can it screw things up for any or both of them? Let's say, a form DS-260 that we need to submit for dad as a next steps asks to list all family members who are immigrating. Should my mom be listed, even though she technically goes through another immigration process outside of that application?

 

On the other side, when we will be filing paperwork for her, it will have the same question - other family members immigrating with you, and should my father be listed there even though he is going through Department of State and US consulate in Ukraine?

 

Thank you for all your help.

[Transborderwife 4,666]

Just now, KierenHby said:

And those violations (previous B2 aos\cos) raise the bar for other genuine applicants to get B2s. 

Is that absolutely necessary?  It's an allowed process, there's no need to get on a high horse.  

 

1 minute ago, PetrUA said:

Thank you for such an encouraging reply.

 

Just to clarify, here is my major concern:

 

If we file application for mom, while having a pending application for dad, can it screw things up for any or both of them? Let's say, a form DS-260 that we need to submit for dad as a next steps asks to list all family members who are immigrating. Should my mom be listed, even though she technically goes through another immigration process outside of that application?

 

On the other side, when we will be filing paperwork for her, it will have the same question - other family members immigrating with you, and should my father be listed there even though he is going through Department of State and US consulate in Ukraine?

 

Thank you for all your help.

A ds-260 is not involved with AOS.  I suggest that you read the guides here

[KierenHby 899]

1 minute ago, Transborderwife said:

Is that absolutely necessary?  It's an allowed process, there's no need to get on a high horse.  

 

A ds-260 is not involved with AOS.  I suggest that you read the guides here

A violation is a violation, as you alluded. Nothing high or low. 

 

That being said, OP's mom may adjust. 

Edited March 28, 2017 by KierenHby

[nitrous_guy 23]

On 3/27/2017 at 8:56 PM, Transborderwife said:

Technically, your mother is in violation of her visitors visa helping with a baby.  May seem ludicrous, but it's true.  It's considered 'work'

 

if you're not a citizen, you may not adjust her status.

Wait, so you are saying, if my parents come over to USA on VWP, with the intention not to stay and go back after a few weeks, but to meet and see their new born grand son, and occasionally look after our son, when my wife and I want to go out on the weekend, that is considered "work"?

 

Never knew that...

[KierenHby 899]

1 hour ago, nitrous_guy said:

Wait, so you are saying, if my parents come over to USA on VWP, with the intention not to stay and go back after a few weeks, but to meet and see their new born grand son, and occasionally look after our son, when my wife and I want to go out on the weekend, that is considered "work"?

 

Never knew that...

Technically yeah, for someone who is a visitor. Look at it as taking employment away from a LPR\USC babysitter. 

[Transborderwife 4,666]

1 hour ago, nitrous_guy said:

Wait, so you are saying, if my parents come over to USA on VWP, with the intention not to stay and go back after a few weeks, but to meet and see their new born grand son, and occasionally look after our son, when my wife and I want to go out on the weekend, that is considered "work"?

 

Never knew that...

Yes

[Unlockable 7,314]

1 hour ago, nitrous_guy said:

Wait, so you are saying, if my parents come over to USA on VWP, with the intention not to stay and go back after a few weeks, but to meet and see their new born grand son, and occasionally look after our son, when my wife and I want to go out on the weekend, that is considered "work"?

 

Never knew that...

Been discussed plenty of times here. It is one of a long list of touchy subjects.

 

http://www.cleveland.com/travel/index.ssf/2015/08/babysitter_versus_the_border_p.html

[nitrous_guy 23]

So if my parents want to come over and visit their grandson, should they not be telling this to the CBP? Im really confused?

 

Usually they ask "tourism or business" purpose at the border.

[KierenHby 899]

As noted above, a touchy subject, kind of a grey area. Parents say visiting family\grandchild and officer decides; usually let in, but a picky officer on a bad day could deem helping look after a newborn to be work. 

[Unlockable 7,314]

2 hours ago, nitrous_guy said:

So if my parents want to come over and visit their grandson, should they not be telling this to the CBP? Im really confused?

 

Usually they ask "tourism or business" purpose at the border.

Put it this way. If the relatives visit on occasion and you and your wife want to have a couple of nights where y'all can go catch a movie and a dinner or something; it is what a normal situation where visiting relatives would do with a newborn.

 

But if they are visiting for 6 months and during that time they are caring for the child from the time you go to work until you get home at night all during the week.

 

But either scenario can be interpreted by the POE officer that the relative is working. That is why I posted the link to the news article. It was found by the border agent that the teen was going to "occasionally babysit". That was enough to send her home. But we have also seen cases here where the relative told the officer they were visiting to see the baby and they were permitted.

 

The reason I say it is touchy subject is because we have seen some tough cases regarding newborns and visiting relatives. I know it seems weird that a babysitting teenager, who will likely spend more time on their cellphone browsing Instagram, has more rights to care for a newborn child than a nonresident blood relative. There is a thread that was on here a few years ago where a guy's wife died during birth. He asked his wife's mother to come over on her visitor visa and help him with the child. You can imagine the struggle and grief he was going through. His MIL was able to come over and help for almost a year. She stayed 6 months then requested an extension. The MIL returned to her home country to take care of some things and to no overstay the visa. But when she tried to reenter the USA to continue helping with the visa the border agent denied her and revoked her visa. If I come across the thread I will post a link to it.