Relative AOS interview petitioner unavailable

[shersita]

Hello.

I'm a 29 years old single, daugther of US citizen father. My father send I-130 on April 2006 which was approved a few months later, NVC already contact me to send AOS fees and forms and IV fees which I still haven't complete, now since visa bulletin says cutoff dates for September is 1 JAN 2006 my priority date is very near to come I'm going to travel to US in a few days with my B2 non-inmigrant visa to take care of my old US citizen grandmother of 86 years old. Since my priority date is almost Current I decide I want to change my Consular interview to Adjustment of Status, since my i-130 was approved and my priority date is going to become current in less than 30 days I would like to know, in my case could I apply for Adjustment of Status once I'm on USA ???

Another question, I'm going to be in NY but my father (the petitioner) is living in miami Florida, I know there's an interview for all relative applicants with USCSI, anyone knows here if it is mandatory that my father (the petitioner) goes with me to this interview??? or could I go by myself? I see a lot of parents of US citizens AOS interview, but they haven't clarify if it is mandatory in no marriage petitions that the (petitioner or principal sponsor) be there in the interview with the beneficiary?

Thanks in advanced.

 

[Jackolantern]

I'm going to travel to US in a few days with my B2 non-inmigrant visa to take care of my old US citizen grandmother of 86 years old. Since my priority date is almost Current I decide I want to change my Consular interview to Adjustment of Status, since my i-130 was approved and my priority date is going to become current in less than 30 days I would like to know, in my case could I apply for Adjustment of Status once I'm on USA ???

Not a good idea. You risk being refused entry with the B2 because you are the daughter of a USC and your priority date is so close to being current, or having the AOS denied for having immigrant intent when entering the US on a B2 visa. They are generally lenient with the immigrant intent issue for under-21 children of USC, but you as an over-21 won't get that leniency.

I see a lot of parents of US citizens AOS interview, but they haven't clarify if it is mandatory in no marriage petitions that the (petitioner or principal sponsor) be there in the interview with the beneficiary?

The petitioner does not have to be present at the interview for your type of case.

 

[shersita]

Not a good idea. You risk being refused entry with the B2 because you are the daughter of a USC and your priority date is so close to being current, or having the AOS denied for having immigrant intent when entering the US on a B2 visa. They are generally lenient with the immigrant intent issue for under-21 children of USC, but you as an over-21 won't get that leniency.

I don't get it ... why my entry to US would be refused??? I understand that my priority date is almost current an all, but I don't understand the reasons why they would denied my entry to US since I have a B2 visa all my life.... Can you please clarify this to me? before I travel to US and make a huge mistake being refused my entry

 

[Jackolantern]

I don't get it ... why my entry to US would be refused???

Because of the suspicion that you will attempt to stay and immigrate after entering with the B2 visa. Which is something that you are in fact leaning towards doing, due to your priority date being close to current.

I understand that my priority date is almost current an all, but I don't understand the reasons why they would denied my entry to US since I have a B2 visa all my life....

At other times in your life, you didn't have an approved I-130 with an almost-current priority date. Your current circumstances indicate a higher probability of staying in the US to immigrate. And you in fact are planning to do that, so why are you puzzled that they would suspect you of planning to do that?

 

[shersita]

Sorry, I didn't know the law of US where gonna take it like that. I still need to go to NY to take care of my grandmother for at least 20 days, I already buy the airplane ticket and all.... I just was asking the possibility to adjust status since I was going to be there and my priority date was so close, but if you're telling me that they will suspect a lot of negative things, I guess I'm going to do it with the Embassy in my country, but as I say I still need to travel to NY for 20 days, I will complete sending Affidavit forms to NVC once I'm there and I will wait they arrange me an interview at the Embassy in my country. Thanks in advanced.

 

[Jackolantern]

The issue is that you're not supposed to have immigrant intent when entering the US with a B2 visa; they accept you having future plans to pursue a green card via the consulate, but if it seems that you're going to directly stay in the US for adjustment of status they'll refuse entry. And even if they let you in, they can later deny your adjustment of status for entering with immigrant intent.

So be prepared for some hassles. If hassled about immigrant intent, you'll have to convince them that you understand you're not supposed to directly immigrate after entering with a B2 visa, and you only plan to stay in the US for 20 days and then you will return to your home country to wait for your consular appointment. And of course, point out that you've visited the US numerous times since the I-130 was filed, but you've never overstayed.