Tourist Visa - Simple Question

[beatbaba 8]

** My Mother is in US with me and she entered on Tourist visa , here is the scenario 

1. Her 6 month stay will end Feb 2019

2. Her Visa expires Apr 2019

3. I am expecting to finish N-400 process by Feb 2019

4. I want her to stay here for longer ... 

 

what are my options ??  .. 

 

A. Renew B2 (Can this be done when she is in US

B. Extend B2 stay for 6 month (If visa expires Apr 2019.. is this even feasible )

c. Apply for Green Card - Adjustment of status (Not sure how to do this -- )

 

Please help thanks ...

[ElDiablo 95]

Assuming that's a typo and you meant 2020?

 

1. No, she renews when in her home country, not possible to do while in the US.

 

2. She can apply to extend it, but without a valid reason she will be denied, her visa will be automatically cancelled and she will have a very hard time getting another one. "Wanting to stay for longer" is not a valid reason and attempting to extend her stay after staying for 6 months already is basically saying "I want to use a tourist visa to live in the US" which is not allowed.

 

3. No adjustment possible, you can petition for her but that takes 12-18 months and she will need to return to her home country.

 

The simple answer to your simple question is she returns home before her 6 months are up. A tourist visa is for temporary visits. Don't be greedy.

[beatbaba 8]

3 minutes ago, ElDiablo said:

Assuming that's a typo and you meant 2020?

 

1. No, she renews when in her home country, not possible to do while in the US.

 

2. She can apply to extend it, but without a valid reason she will be denied, her visa will be automatically cancelled and she will have a very hard time getting another one. "Wanting to stay for longer" is not a valid reason and attempting to extend her stay after staying for 6 months already is basically saying "I want to use a tourist visa to live in the US" which is not allowed.

 

3. No adjustment possible, you can petition for her but that takes 12-18 months and she will need to return to her home country.

 

The simple answer to your simple question is she returns home before her 6 months are up. A tourist visa is for temporary visits. Don't be greedy.

Can she go back in Feb 2019 and come back in a week or two .. ?? 

 

[Just Paul 4,594]

She needs to return home and renew her visa.

[beatbaba 8]

1 minute ago, Paul & Mary said:

She needs to return home and renew her visa.

I think they use dropbox service now? Is that true? or any thread which will guide me

 

[Just Paul 4,594]

25 minutes ago, beatbaba said:

I am expecting to finish N-400 process by Feb 2019

 

How are you doing that if you are going to  file your I-130 on 

2019-09-09?

[beatbaba 8]

7 minutes ago, ElDiablo said:

Assuming that's a typo and you meant 2020?

 

1. No, she renews when in her home country, not possible to do while in the US.

 

2. She can apply to extend it, but without a valid reason she will be denied, her visa will be automatically cancelled and she will have a very hard time getting another one. "Wanting to stay for longer" is not a valid reason and attempting to extend her stay after staying for 6 months already is basically saying "I want to use a tourist visa to live in the US" which is not allowed.

 

3. No adjustment possible, you can petition for her but that takes 12-18 months and she will need to return to her home country.

 

The simple answer to your simple question is she returns home before her 6 months are up. A tourist visa is for temporary visits. Don't be greedy.

Why NO adjustments possible for Green card option

[Just Paul 4,594]

2 minutes ago, beatbaba said:

I think they use dropbox service now? Is that true? or any thread which will guide me

 

Maybe:

https://www.ustraveldocs.com/in/in-niv-visarenew.asp

 

[Just Paul 4,594]

2 minutes ago, beatbaba said:

Why NO adjustments possible for Green card option

You haven't filed an I-130 for her.  There is no adjustment from tourist status for a parent of an LPR. 

[beatbaba 8]

1 minute ago, Paul & Mary said:

How are you doing that if you are going to  file your I-130 on 

2019-09-09?

I am preparing that application - on side.

 

) 

[designguy 1,179]

13 minutes ago, beatbaba said:

Can she go back in Feb 2019 and come back in a week or two .. ?? 

 

Her B2 does not guarantee her entry to the US. If she leaves and come back after a week or 2 she is likely to get denied at the POE. Also if she leaves and comes back with the intention to adjust status that would be visa fraud.

[Just Paul 4,594]

14 minutes ago, beatbaba said:

Can she go back in Feb 2019 and come back in a week or two .. ?? 

That will look like she is living in the US to CBP.   For every day she is in the US she should spend at least a day outside the US.

[Just Paul 4,594]

1 minute ago, designguy said:

If she leaves and come back after a week or 2 she is likely to get denied at the POE

She is likely to be denied and her visa cancelled.

[beatbaba 8]

8 minutes ago, Paul & Mary said:

You haven't filed an I-130 for her.  There is no adjustment from tourist status for a parent of an LPR. 

Can I apply for AOS after I become USC.. ??

[SusieQQQ 11,586]

17 minutes ago, beatbaba said:

Can she go back in Feb 2019 and come back in a week or two .. ?? 

 

She can try but it is almost certain she will be denied entry when they see she stayed for 6 months, has left for a short while and is returning to “visit” a newly or about to be naturalized son (they’re not stupid). She can go home when her authorized stay expires in February, and you can petition her in the meanwhile.