Filing I-131 while I-485 is pending

[Daphne . 1,913]

2 hours ago, EMBELL_17 said:

Yeah I have no idea. My mom is retired so she was just here a lot spending time with us but it helped me out a lot because I’m a single mom. The officer said she was going back and forth too much and she should consider filing for stay. So after I picked my mom up from the airport, we talked about it, worried that she might be denied entry again, and we decided she should live here full time. At the time he stamped, that wasn’t our intention. But she would rather stay here with than stay away from us pending the green card. Otherwise id be screwed looking for full time care. She needs to be here with us. But now im worried she will get denied since so many of you view it as suspicious. 

I don’t think she’ll be denied, so don’t worry about that. 
 

So she’ll be fine with making the US her permanent home for the next few years, correct? 

[EMBELL_17 103]

1 minute ago, Daphne . said:

I don’t think she’ll be denied, so don’t worry about that. 
 

So she’ll be fine with making the US her permanent home for the next few years, correct? 

Yes, she is prepared to stay here for as long as me and her grandchild need her. 

[Lil bear 4,308]

20 hours ago, EMBELL_17 said:

I’m very confused as to why though? Is that not a good reason? When she last came, the officer at the airport said she was going back and forth a lot and suggested she file for AOS. So we did. She never planned on retiring here but we spoke about it and decided it was the best way forward. Did we do something wrong?

The “ letter of  the law” makes entering on a visitor visa/ or when using the VWP to enter ..  with the intent of remaining and doing AOS .. fraudulent. But your explanations make it clear that this was not her intent .. even on this last entry.. and you had a compassionate CBP officer who suggested that a change of plans would be ok. So you are fine !! Members here get pretty testy with others who flaunt their intent to enter and adjust from a visitor visa and then get away with it. 
So you and your mum are fine .. hope you can understand the stronger comments that have been made .. not directed at you !! Enjoy being together. I spent 10 years  ( 4 grandkids) doing the same. We then went through IR 5 for parents of USC.. 8 years later and 4 more grandkids some we arrived in 2016… and we know we close the v right path even though it leaves challenges for us with my own parents  in their 90s still in Aust 

[S2N 4]

I came across this while searching for something else. I’m fairly new to going through the immigration process myself, but pretty familiar with the process due to friends and family and professional reasons.

 

The posters who more or less said your use of a completely legal method shouldn’t be allowed should keep to commenting on the actual question raised. Your case is actually a poster child for why Congress permits AOS from ESTA in certain circumstances — humanitarian reasons. Circumstances change and WT admission class is default 90 days. It would be inhumane for the government to require family members visiting and assisting with legitimate family needs to go back to their home country when there might be a family emergency, change of medical circumstances, change of economic circumstances, etc. If anything, in contrast to what was harshly said to you, your case highlights why Congress should act to streamline family reunification visas via consular processing, not why it should repeal good public policy.

 

The caregiver point @EmilyW raised is debatable — if your mother is with you and helping you out without it raising to the level of a full time job, that’s arguably within the intent of B-2. Even if it wasn’t, B-1 permits domestic workers in limited circumstances (business people temporarily stationed in the U.S., different circumstances, but similar principles if you go through the FAM guidance — anticipated limited time working on entry, and motivation is that there’s humanitarian hardship telling a family they can’t bring in their foreign nanny for 2 months, etc.)

 

FAM is limited to visa issuance but the point on permitting domestic workers of businessmen shows the guidance around what is/isn’t work on a B visa isn’t as clear cut as people think — it’s not simply 'could an American be paid for this.'
 

From a purely practical perspective, I don’t think USCIS is going to come down hard on a British grandmother visiting her family and helping care for a grandchild. It’s an overly expansive reading of law/guidance without realizing that there is a grey area on what’s permissible under B visas that’s common in immigration internet sites. The practical reality is USCIS is aware that there’s multiple levels of hearings and appeals they’d have to go through after a denial for your mother to be forced to leave the country and that they’d likely lose at some point along the way. That has an impact on any decision.

 

Finally, the advice that @OldUser gave on the process to follow at the beginning is the answer to your actual question. I’m so sorry your thread got derailed after someone gave you the correct answer.

 

Advice on forums like this helped a lot of people I know and it’s why I’m here too, but its also worth remembering that based on both the TOS and the culture in a lot of online communities, people tend to take a stricter view of the law than the government does on some things. Helps when people are starting from scratch for them to avoid the grey areas, but once someone is already there, it only makes people more stressed out in an already stressful process.

Edited December 27, 2024 by S2N

[Boiler 45,993]

Simply impossible to AOS from ESTA, not that this is the case.

 

Nothing to do with humanitarian reasons, nothing to do with the VWP, just need to be in the US having been admitted with some unusual exceptions.

 

The OP said she was working and I have no reason not to believe her, she is an immediate relative so it matters not.