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Anastasia16

Could I apply for my mother’s green card while she is in the US visiting?

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I have been doing some research about applying for my mom’s immigration visa and applying for her green card, I have recently become a US citizen. I found some information that it is possible to apply for parents green card while they are in the US. My mom has a US tourist visa. So it would be possible for her to come and just stay with us and for me to apply for her adjustment of status? I think it’s called concurrent filing (filing for form I-485 and I-130 together). Is it legal to do so and what would be better to do: apply for her immigration visa while she is abroad and go through this long process or awaiting for her visa interview , or is it easier to apply for the adjustment of status while she comes visit us in the US (and stays) ? 
thank you. 

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2 hours ago, Anastasia16 said:

I have been doing some research about applying for my mom’s immigration visa and applying for her green card, I have recently become a US citizen. I found some information that it is possible to apply for parents green card while they are in the US. My mom has a US tourist visa. So it would be possible for her to come and just stay with us and for me to apply for her adjustment of status? I think it’s called concurrent filing (filing for form I-485 and I-130 together). Is it legal to do so and what would be better to do: apply for her immigration visa while she is abroad and go through this long process or awaiting for her visa interview , or is it easier to apply for the adjustment of status while she comes visit us in the US (and stays) ? 
thank you. 

That is immigration fraud.   You need to petition her properly if she wants an immigrant visa.

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Filed: Citizen (apr) Country: Russia
Timeline

As the other responses stated, this would be fraud because she is not in the U.S. right now.  It is illegal to enter the U.S. with a B2 visa with the intention to stay and adjust status.  I know the difference seems pretty subtle, but when she enters the U.S. and CBP asks her for the purpose of her trip, if she were to answer truthfully (which she should) saying her plans are to adjust status they would not let her in.

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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9 hours ago, MaxP22 said:

No, using a B2 tourist visa with the intention to adjust status to a permanent resident is visa fraud, and not allowed.

 

She will need to apply from her home country.

Thank you! I was just surprised cause I saw that information but I’m glad I got some answers. Will be applying for her immigration visa then 👍🏼 

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8 hours ago, Dashinka said:

As the other responses stated, this would be fraud because she is not in the U.S. right now.  It is illegal to enter the U.S. with a B2 visa with the intention to stay and adjust status.  I know the difference seems pretty subtle, but when she enters the U.S. and CBP asks her for the purpose of her trip, if she were to answer truthfully (which she should) saying her plans are to adjust status they would not let her in.

 

Good Luck!

It actually makes sense 👍🏼 thank you! Will be definitely applying for her immigration visa then. 

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