I-485/I-130 petition for parent on tourist visa

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midnight5

Registered Users (C)
My mother will be visiting (tourist visa) from my home country in February. We would like to be her sponsor for an I-485/I-130. Should we begin the process while she is here, and should she just stay in country after we send the paperwork off?
 
When she enters the U.S. on a tourist visa, she cannot have intention to do AOS while here. So this cannot work unless you are not telling her that you're planning to do this, and she still thinks that she's here for a short visit and is going back when she enters the U.S.

AOS (I-485) by definition is done in the U.S. The process for if she was outside the country is consular processing, not AOS. It's very different.

If you do file for AOS, then she must stay in the U.S. until she gets Advance Parole or green card, otherwise she will automatically abandon her AOS.
 
newacct said:
When she enters the U.S. on a tourist visa, she cannot have intention to do AOS while here. So this cannot work unless you are not telling her that you're planning to do this, and she still thinks that she's here for a short visit and is going back when she enters the U.S.
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My wife and I have been talking about it. We have not mentioned anything to her, and was going to ask her if she wanted to apply for her PR and move here when she came to visit.

I am guessing that USCIS does not look very favorably at AOS applications that originated from tourist visas?
 
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