Adjustment of visa status and visit to the US

#1
Hi Everyone

My Mum’s immigration petition Green card was filed and approved while living in her home Country. She has been to the US on multiple times. She applied for renewal of visiting visa, B1/B2 while the petition was pending and she was approved. She already has a plan to visit in May 2019.
Is it possible to apply for adjustment of status during her visit instead of going through immigration visa interview process in the her Home country?

Kindly assist. Thank you.
 

Sm1smom

Super Moderator
#2
Coming to the US on a NIV with the mind/plan of processing AOS is considered fraudulent. Your mom needs to complete her GC process via CP (consular processing) by attending an interview in her home country.
 

1AurCitizen

Registered Users (C)
#3
She has to go through Consular Processing for an IR5 visa interview in her home country. As noted above, entering on a non-immigrant visa to AOS is fraud.

A b1/b2 visa is for short visits of a temporary duration to the US and a return ticket home.
 
#4
Hello guys.
I have a Question.
I'm married with a US Citizen in Colombia, enter to this country in November 4 with B2 visa, i decided stay here and applied for a change of status this week, sending all the formats, included I-131.
My question: Is necessary applied for a extension of my tourist visa (I-94 expired May 3/19), while USCIS decided about my change of status? I Don't want to stay illegal, be abble to drive a car or take domestic flights into USA o Puerto Rico.

Thank you so much for the orientations.
 

Sm1smom

Super Moderator
#5
Hello guys.
I have a Question.
I'm married with a US Citizen in Colombia, enter to this country in November 4 with B2 visa, i decided stay here and applied for a change of status this week, sending all the formats, included I-131.
My question: Is necessary applied for a extension of my tourist visa (I-94 expired May 3/19), while USCIS decided about my change of status? I Don't want to stay illegal, be abble to drive a car or take domestic flights into USA o Puerto Rico.

Thank you so much for the orientations.
You cannot apply for extension of tourist visa from within the US - the visa is a document for entering the US, it is issued by the embassy outside the US.

A tourist already in the US may be able to apply for an extension of stay (different from extension of “visa”). However, that is no longer applicable in your case since you’re filing for AOS.

You will be in a new status, adjustment pending, once you file for AOS and your current status expires in May 2019. This status enables you to remain in the US while your AOS petition is pending.

You shouldn’t plan on leaving the US without an AP card while AOS is pending. This includes Puerto Rico IMO - if your flight to/from PR gets diverted to Dominican Republic due to bad weather or mechanical failures for instance, that means you’ve travelled outside the US without an approved AP and your AOS petition will subsequently get denied as it will be deemed abandoned.
 
#7
You can still take other internal flights though. Also you can get a driver license if you have documentation like a dentist bill with your address on it (1st proof) and someone else sends you a letter (2nd proof). I just got my Virginia Driver License today and I'm in the same situation as you.
 

SusieQQQ

Well-Known Member
#8
You can still take other internal flights though. Also you can get a driver license if you have documentation like a dentist bill with your address on it (1st proof) and someone else sends you a letter (2nd proof). I just got my Virginia Driver License today and I'm in the same situation as you.
Those wouldn’t be acceptable proof of address in California. People need to check their own state requirements.
 

1AurCitizen

Registered Users (C)
#9
Several States require a passport/GC/visa as proof of legal presence and a utility bill or two with an address before they issue a State ID/DL.

Beginning October 2020, everyone needs a Real ID to board any flight in the US.
 
#14
Several States require a passport/GC/visa as proof of legal presence and a utility bill or two with an address before they issue a State ID/DL.

Beginning October 2020, everyone needs a Real ID to board any flight in the US.
A foreign passport and entry stamp with a B visa is sufficient for this.
You can use a foreign passport to board an internal flight also without a REAL ID
 
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