Parents' AOS on a B2 visa

[taco2 0]

I'd like to hear from USCs who filed I-130/I-485 for their parent(s) while they were visiting them in US on a B2 visa.

I have been told it is risky, so please anyone who succeeded or failed in this , please post his/her

experiences. I'll be thankful.

[Kez/JWolf 6]

The only people I have heard of who ave done this was a friend here in Boston... he parents came over from the UK to spend christmas with her in Dec 2005 and were ment to be staying 6 weeks..... 3 weeks into their stay her Father slipped on some ice and broke his hip... he had surgery but due to complications he died 3 days before they were due to go home.... his wife could not face going home alone without her husband.... they took advice from an immigration lawyer and were told she could file to adgust her status.... at the mother interview in Aug 2006 she was not approved at the interview but had to submit evidence of the date their house in the UK was sold and also evidence of what they did with her personal property and when....... they were able to obtain all the evidence that was asked for and she was approved for her greencard in Nov 2006....

Hope this helps

Kez

[taco2 0]

Thanks for the example.

I am a little confused about this though. I read somewhere that USCIS overlooks the intent conflict when adjusting status from B2 in cases of immediate relatives of USCs. And I have read so many posts about spouses adjusting successfully

from B2. And I have never read any for parents. Which and your post suggest it is rare for parents to adjust on a B2.

Is that so? Why is it different from spouses of USCs?

The only people I have heard of who ave done this was a friend here in Boston... he parents came over from the UK to spend christmas with her in Dec 2005 and were ment to be staying 6 weeks..... 3 weeks into their stay her Father slipped on some ice and broke his hip... he had surgery but due to complications he died 3 days before they were due to go home.... his wife could not face going home alone without her husband.... they took advice from an immigration lawyer and were told she could file to adgust her status.... at the mother interview in Aug 2006 she was not approved at the interview but had to submit evidence of the date their house in the UK was sold and also evidence of what they did with her personal property and when....... they were able to obtain all the evidence that was asked for and she was approved for her greencard in Nov 2006....

Hope this helps

Kez

[Kez/JWolf 6]

It is visa fraud to use a B2 (tourist) visa to immigrate to the US.... if like the mother of my friend something happens while you are here BUT you did not enter with the intent to remain then it is possible to do AOS.... the best route is for you to file an I-130 petition for them and go through the process of getting the correct visa to immigrate....

But speak to an immigration lawyer...

Kez

Edited May 23, 2007 by Niagaenola