Mom on Visitor's Status and I want to file for her-Can I?

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foxytone

Registered Users (C)
Hello,

I am a US citizen over the age of 21 and I want to file for my mom but I am uncertain as to whether or not she may be denied adjustment of status as she is currently in a visitor's status.
Although she would be considered to be in the first preference category would they deny her since she is doing it while she is here rather than going through her consulate?

Thanks in advance.
 
You can file for her, but there's a chance they might deny it (and cause further problems) if they think she committed fraud. People who enter the U.S. on a tourist visa cannot have intention to stay and file for Adjustment of Status when they entered. Did she have such intention when she entered? Or did she change her mind after she entered? If you could have some explanation for why she changed her mind, it would be better.
 
No she did not come as an intended immigrant, she is on vacation. She does not intend to stay on this visit here as she had property and financial obligations at home. At this point we can wait until she is ready to migrate to file and go through the consulate. It was an idea I had to do the adjustment while she was here to avoid the consulate.

Thanks for your response
 
Go ahead and file I-130 right now (but don't select adjustment of status for question 22, and don't file I-485) to initiate her green card process ASAP, as it will be about 6-12 months until she gets an interview at the consulate.
 
It is okay to concurrently file I-130 and I-485 for your mom who is on visitor's visa. Just make sure that you do not submit the application immediately after her arrival to USA. Just make sure that there is a gap of at least a couple of months from her date of arrival so that there is no issue about her intention to immigrate at the time of arrival.
 
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