Greencard question for my mother

[sshah1001]

I am currently in the process of my citizenship. I expect to get it May this year.

My mother is having 10 years visitor visa. So, I am planning to call her in June/July and then plan to apply her GC while she is here. I have been told by many people that if I file her GC while she is here on tourist visa, she will not have to go back.

So, the question is if after applying her GC, it takes longer time and in the meantime her six months visitor visa period expires, does she need to extend her visitor visa period OR she can continue to stay here as her GC will be filed? If she does not extend, will it be considered as overstay?

I get mixed answers so thought of asking here on this forum.

Thanks in advance.

 

[nkm-oct23]

I am currently in the process of my citizenship. I expect to get it May this year.

My mother is having 10 years visitor visa. So, I am planning to call her in June/July and then plan to apply her GC while she is here. I have been told by many people that if I file her GC while she is here on tourist visa, she will not have to go back.

So, the question is if after applying her GC, it takes longer time and in the meantime her six months visitor visa period expires, does she need to extend her visitor visa period OR she can continue to stay here as her GC will be filed? If she does not extend, will it be considered as overstay?

I get mixed answers so thought of asking here on this forum.

Thanks in advance.

If an application to adjust status (I-485) is properly filed and acknowledged by USCIS before her I-94 expires, she does not need to extend her stay as a visitor. USCIS regulations allow her to stay in the US as long as I-485 application is pending.

 

[BigJoe5]

I am currently in the process of my citizenship. I expect to get it May this year.

My mother is having 10 years visitor visa. So, I am planning to call her in June/July and then plan to apply her GC while she is here. I have been told by many people that if I file her GC while she is here on tourist visa, she will not have to go back.

So, the question is if after applying her GC, it takes longer time and in the meantime her six months visitor visa period expires, does she need to extend her visitor visa period OR she can continue to stay here as her GC will be filed? If she does not extend, will it be considered as overstay?

I get mixed answers so thought of asking here on this forum.

Thanks in advance.

You are going about this the wrong way. Your plan is based on FRAUD. She will enter only as a tourist but with a premeditated intention to immigrate. She will be lying--misrepresenting her intent. THAT makes her inadmissible and is sufficient cause to deny her adjustment of status, make her go abroad for consular processing, and file for a waiver for misrepresentation.

Upon your naturalization, file an I-130 and have her pursue an Immigrant Visa through Consular Processing. That is the HONEST, correct, proper, legal, and ethical way to go about it.

Why would you force your mother to commit fraud as her initial act in her Immigration process? Do you actually have as little respect for her as you have just displayed or is it mere ignorance on your part? Isn't dishonesty (as in intentional fraud) against her religion? Don't you realize that every time someone does this, it makes things more difficult for everyone else in the future.

Yes, I meant to be harsh and show indignation. What of it?

 

[Triple Citizen]

You have declared her immigrant intent even before her entry into the US as a visitor. Please go down the CP route and not the AOS route.

So, I am planning to call her in June/July and then plan to apply her GC while she is here. I have been told by many people that if I file her GC while she is here on tourist visa, she will not have to go back.