GC AOS processing for Mother

G

GCForParent

Registered Users (C)
Hello,

My mother is planning to visit US in April 2010 on B2 (Tourist) visa. While she is in US I am planning to apply I-130 and I-485 so that she will be able to stay in US till decision is made on her I-485.

Is it how usually people apply for their parent's GC? Or will this create problems in getting I485 approved? Has any one applied for his/her parents GC this way? If so can you please explain your experience?

Your responses are much appreciated.

Thanks for your help.
GCForParent
 
She will be entering with the intent of AOS. This is not according to US law. Have her apply for CP and enter with GC. As a US citizen, you should be obeying US law rather than trying to find a way around it. Laws apply even when they do not suit you personally.
 
Concerned4us,

Thanks for your response. Certainly I do not want to do anything against the law. I was thinking about this because I read so many posts on this site saying they filed for AOS for their parents. May be I misunderstood their post, I do not know. But if people have done it then I just wanted to know their experiences.

Thanks
GCForParent
 
It is perfectly legal for her to enter as a visitor and then apply for AOS. AOS for Immediate relatives of US citizen cannot be denied solely because they had immigrant intent when they were admitted into US. Of course, they can be denied admission as a temporary visitor if the immigration inspector suspects they plan to apply AOS.
 
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nkm-oct23,

Thank you for response.

So, please can someone who applied for his/her parents through AOS and got it approved, share their experience? I will greatly appreciate your responses.

Thanks
GCForParent
 
It is improper to enter as a visitor intending to AOS. In fact, she could have PP stamped " No EOS, COS, AOS" if the officer at the border believes this is her intent. Based on your own admmission, you are planning this in advance. It is not a spontaneous decision. Apply for CP.
 
Over 29% of green cards issued to parents of US citizens is thru the AOS route. USCIS has statistics that show this fact.
 
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It is improper to enter as a visitor intending to AOS. In fact, she could have PP stamped " No EOS, COS, AOS" if the officer at the border believes this is her intent. Based on your own admmission, you are planning this in advance. It is not a spontaneous decision. Apply for CP.
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Concerned4US (love your name), please cut the shit. There is nothing illegal or ~immoral~ about applying for immediate relative AOS under visitor visa. This has been beaten to death many times before, and you can find the legal judgment on this here, or if you google "dd-baltimore.doc". The discussion should end right here about this, mkay?


If there is no clear evidence of fraud or misrepresentation, the mere fact that the applicant had a preconceived intent to remain in the United States permanently will not usually result in the denial of their application for permanent residence if they are classifiable as an immediate relative of a United States citizen. (Feb 2001, from District Director, INS)
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In the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 2750(BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981).
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No one said it is illegal or immoral. It just isn't USCIS's preferred way. That is all. If certain forum members, including myself, discourage this approach (pre-conceived intent to AOS after entering the US as a visitor) that does not mean the discussion should end right here. Each to his/her own.

mmlo said:
There is nothing illegal or ~immoral~ about applying for immediate relative AOS under visitor visa. The discussion should end right here about this, mkay?
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Triple Citizen said:
No one said it is illegal or immoral. It just isn't USCIS's preferred way. That is all. If certain forum members, including myself, discourage this approach (pre-conceived intent to AOS after entering the US as a visitor) that does not mean the discussion should end right here. Each to his/her own.
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Nowhere is it documented that USCIS "prefers" immigrant visa at a US consulate instead of AOS. Law provides two equal avenues to become permanent resident to those who meet the requirements.
 
Someone specifically said that it is illegal (with a slight whiff of immorality):

As a US citizen, you should be obeying US law rather than trying to find a way around it. Laws apply even when they do not suit you personally.
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There is nothing wrong with discouraging this, but to state your opinion as fact or law is not okay.

Nowhere is it documented that USCIS "prefers" immigrant visa at a US consulate instead of AOS. Law provides two equal avenues to become permanent resident to those who meet the requirements.
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Exactly.
 
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I totally agree it is not documented. However just answer this for me, if both avenues are equal, why are certain B-2 visitors given I-94s with "No AOS" at the POE?


nkm-oct23 said:
Nowhere is it documented that USCIS "prefers" immigrant visa at a US consulate instead of AOS. Law provides two equal avenues to become permanent resident to those who meet the requirements.
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Triple Citizen said:
I totally agree it is not documented. However just answer this for me, if both avenues are equal, why are certain B-2 visitors given I-94s with "No AOS" at the POE?
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You are answering your own question!

If the law were so "unequal" as you are intent on proving, why is it that only a small fraction of people are stamped with the No AOS, No COS etc in their PP when they enter? To the best of my knowldge no one in my circles (and I have seen many visitors in my 22 years in the US) has been stamped with the No AOS restriction. Agree it happens but it must be a small fraction.

If the USCIS were to be wholly strict about this, they would flat out stamp everyone with these restrictions when they enter the US. For many elderly parents who visit, circumstances change after they arrive here - maybe at first they are just not sure how life here would be. Give them a break. As with everything else concerning the USCIS, the burden of proof is with the applicant.

OK, I'll grant the USCIS may frown upon this somewhat but the fact is that they grant some 30% of all AOS for those who entered as a visitor.

AP
 
Triple Citizen said:
That is not what I am trying to prove. Nothing to do with any law whatsoever. I am just stating what I believe is USCIS's preferred way. You are more than welcome to disagree :)
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Agree. :)

All I'm saying it give the folks a break - instead of jumping on them with moralistic and legal arguments (tenuous at best) and discouraging them outright, suggest them ways they can approach this. This whole attitude of "sorry you are comitting a morally inferior act - don't even try an AOS but do a CP instead" is not nice, that's all. Immigration is a tough journey for everyone as it is and we don't need self-proclaimed moral police to dampen people's spirits here.

AP
 
Please do not confuse my posts with another forum member's posts.

tabaliya said:
All I'm saying it give the folks a break - instead of jumping on them with moralistic and legal arguments (tenuous at best) and discouraging them outright, suggest them ways they can approach this.
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Triple Citizen said:
I totally agree it is not documented. However just answer this for me, if both avenues are equal, why are certain B-2 visitors given I-94s with "No AOS" at the POE?
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Because the law gives total discretion to the immigration inspector on whether to admit a person or not, for how long, what restrictions, etc. Once admitted, USCIS cannot refuse AOS to an immediate relative of a US citizen just because he was admitted as a non immigrant.
 
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