1) My mom is on vistor visa B-2. can I apply green card for her(AOS) from United states? Someone said it is dangerous because of immigration intent at the time of B-2 visa, is it true?
2) About police clearance certificate, is it for AOS or CP?
3) Should I wait 90 days to do medical exam and submit my application?
4) During the process, if her I-94 expires, is it okay?
5) I am only applying for my mom, will this be a problem, my dad not applying?
Thanks a lot!
Answer to your questions-
(1) Yes, your mom could adjust her status to LPR within the US even though she entered with B-2 visa. Normally when an applicant files AOS within 30-90 days of entering into the US on non-immigrant visa, USCIS automatically presumes immigration fraud. What it means is that they determines that application has had preconcived intent to immigrating to US. However, that doesn't mean an application will definately be denied; rather more follow up questions/investigation would come up, and in the absense of compelling reason to justify why AOS was filed within 90 days of entering into the US, USCIS will most probably deny the application. Filing AOS after 90 days of entering into the US won't cause any problem at all. Thus, it's best to wait for your mom to wait at least 90 days of entering into the US to file AOS to avoid any denial or assumption on USCIS part.
(2) As for Police Clearance Certificate then it's for CP processing. During AOS, a Police Clearance Certificate is not needed because applicants' fingerprints are taken and send to FBI and other agencies to conduct a criminal background checks. However, sometime some people's fingerprints cannot be read by computer for various reasons...it could be because of scares on fingers or no readable things on prints. If this ever happens then USCIS will try to take fingerprints twice, and if FBI still couldn't read the fingerprints then applicant will be asked to submit Good Conduct Certificate from all the jurisdictions (places) for the last 5 years where applicant has resided. Police Clearance Certificate and Good Conduct Certificate are same thing but when PCC is called then it's for CP and when GCC is called then it's within the US for AOS. In both situations, applicant will need to go the Police station where s/he resides and has resided in the last 5 years and reqest this. In US, Police will take fingerprints and will check their record on the applicant to see if there is any criminal record on the person or not. They charge fees for this service and it takes a few days for them to furnish this reqest. At abroad...for PCC, fingerprints taken is depend on how that country's police do things. Some require fingerprints, others don't. Similarily, some require fees for this service, while others don't. PCC is mandatory for CP processing regardless of fingerprints are read or not by FBI computer, but GCC is asked to submit only when fingerpints are not read by FBI computer and when only specifically asked by USCIS to submit GCC.
(3) No, your mom does NOT need to wait 90 days to do the medical done; instead she should done it as soon as possible. Medical report remains good at least for a year. And as you know that a case for AOS processes within 4-6 months at most in the US. Besides, doing medical within 90 days is different than filing the application for AOS within 90 days of entering into the US on non-immigrant visa. So there is no need to wait even a day to do medical. It takes 3-6 days to have a medical report from the doctor because it takes time for blood test to come.
(4) It doesn't matter if I-94 gets expired, either during the process or even prior to that. Why? Because parents of US citizen are considered Immediate Relatives of US citizen under immigration law. And Immediate Relatives of US citizen are automatically forgiven for overstaying, working without authorization and other technical violations of immigration laws. So don't worry about your mom's I-94 to be expired.
(5) No, it will not be a problem at all if your mom is the only one wants to adjust her status and not your father. Just because your mom is married and has her husband (your father), that doesn't mean petitioner should apply for both persons. Many times some people don't want to immigrate to other contry even though their family would like to. And sometime it's because of medical reason. As for legal point of view, it will not matter at all. But just wondering why you are not sponsoring your father, and sponsoring only your mom? Do you think she would be able to live here in the US without her husband for that long? If you think (or planning) that she might just live here for a few months on green card and then go back to her home country then I want you to know that if she would do this for a few times then Customer officers at the airport would find this out sooner or later and then they will refuse her the entry and will take away her green card.
