Adjustment status

[caramella 0]

Hello Friends,

I have a question please:

what are the steps to follow to get Green Card for my mother based on Tourist visa? 

Note; I am US citizen.

Thank you in advance.

 

[Crazy Cat 41,858]

Is she in the US now?

[Jordan8768 107]

I don't think she can become a permanent resident while she's in the US on a tourist visa. 

[Transborderwife 4,666]

15 minutes ago, Jordan8768 said:

I don't think she can become a permanent resident while she's in the US on a tourist visa. 

Depends on a few things 

[Jojo92122 1,924]

30 minutes ago, Jordan8768 said:

I don't think she can become a permanent resident while she's in the US on a tourist visa. 

Yes, she can.  Many Immediate Relatives of US citizens have successfully adjusted status from tourist visa to permanent residents.

[Jordan8768 107]

42 minutes ago, Jojo92122 said:

Yes, she can.  Many Immediate Relatives of US citizens have successfully adjusted status from tourist visa to permanent residents.

Oh really? In what scenario can you adjust?

 

59 minutes ago, Transborderwife said:

Depends on a few things 

 

[arken 4,197]

27 minutes ago, Jordan8768 said:

Oh really? In what scenario can you adjust?

 

 

As long as they did not enter US with intent to become US residents, they can adjust status.

 

To OP:

You would start with filing i-130, i485, i765/i131 along with supporting documents including financial support and medical. Look into guidelines in this forum and instructions of thise forms.

Edited June 4, 2017 by arken

[Jordan8768 107]

6 minutes ago, arken said:

As long as they did not enter US with intent to become US residents, they can adjust status.

 

To OP:

You would start with filing i-130, i485, i765/i131 along with supporting documents including financial support and medical. Look into guidelines in this forum and instructions of thise forms.

That's awesome. How is this not considered visa fraud though? 

[geowrian 22,337]

2 hours ago, missileman said:

Is she in the US now?

^This.

 

If she's already in the US, she can adjust status fine. She cannot work or leave the country until she has an EAD or AP (~3-4 months after filing for them along with AOS).

 

If she's NOT in the US right now, then you must petition for her and then she will apply for an immigrant visa. She cannot enter the US on the tourist visa with the intent to stay - that is visa fraud.

Just now, Jordan8768 said:

That's awesome. How is this not considered visa fraud though? 

Intent is determined at POE. After entry, circumstances can change and AOS permits this.

[Transborderwife 4,666]

9 hours ago, arken said:

As long as they did not enter US with intent to become US residents, they can adjust status.

 

To OP:

You would start with filing i-130, i485, i765/i131 along with supporting documents including financial support and medical. Look into guidelines in this forum and instructions of thise forms.

Intent no longer matters

[Jordan8768 107]

9 hours ago, geowrian said:

^This.

 

If she's already in the US, she can adjust status fine. She cannot work or leave the country until she has an EAD or AP (~3-4 months after filing for them along with AOS).

 

If she's NOT in the US right now, then you must petition for her and then she will apply for an immigrant visa. She cannot enter the US on the tourist visa with the intent to stay - that is visa fraud.

Intent is determined at POE. After entry, circumstances can change and AOS permits this.

Oh i see. Thank you for your answer. I was just very curious! 

[JFH 12,190]

As you see, it's not something that can be pre-planned but it is possible if she is already here. 

 

As as mentioned by someone else, she will not be able to leave the country for many months if you do decide to do things this way. She cannot even return for a few days to take care of those strong ties to home that she went to great lengths to demonstrate in order to get her tourist visa. For some, that's the deal breaker because they have a house or apartment to pack up and empty, a car to sell, a job to quit, animals to re-home or transport, etc. 

[YoungJ 14]

Does anyone know if my kids aunt can take them to get a tourist visa? I am in the United States and awaiting my aos approval and my kids are with my sister.

[Juniper 62]

 

35 minutes ago, YoungJ said:

Does anyone know if my kids aunt can take them to get a tourist visa? I am in the United States and awaiting my aos approval and my kids are with my sister.

For YoungJ:

 

With your AOS pending ... or even if you have your green card.  You can give it try .. but your kids have a good chance of being denied a Visa.  Why: your kids strong ties, I assume, are with you in the USA and not anymore in your home country.

 

If you want your kids to immigrate to the USA, depending on your Entry Visa, you children might have derivative benefits or you will have to file I-130's for them after you get your green card.  Good time to start planning what you have to do to have your kids with you.  Use an immigration attorney to help you determine the path forward.

[Suss&Camm 2,213]

6 hours ago, YoungJ said:

Does anyone know if my kids aunt can take them to get a tourist visa? I am in the United States and awaiting my aos approval and my kids are with my sister.

First, you will get better answers if you start your own topic as it will be visible to more ppl and also it will not confuse the OP's original question.

To answer your question; the best thing is probably to wait and petition your children when you get your GC, it will be difficult for them to get a tourist visa with you in the US regardless if your sister can take them to the interview. It's a straight forward process with the same i130 that you are atm going through yourself. In my opinion, unless there are some circumstances that complicate the case, you don't need to pay expensive lawyer costs for filling out forms you already know how to fill out or can get answers for yourself easily online. Lawyers can also (my opinion from reading many VJ experiences) complicate things by simply being an uneeded middle hand that can potentially mess things up or forget things cause they have more priorities than just you. After all no one knows you and your family like you. But again, that's my opinion. It's not rocket science Good luck to you, I sincerely hope you don't need to be apart from your kids for too long!

 

Edited June 5, 2017 by Suss&Camm