Visitor Visa still valid after AOS application?

S

swiftjustice

New Member
My mother has a multiple entry visitor visa that is valid for several more years. I am now a US citizen and want to apply for her green card.

Is it true that her current visitor visa is no longer valid when file the I-485?
If so, what is the best way for me to plan this application process to ensure that she can enter and exit the US as needed?
 
No she can't use B visa to enter.
Only way to travel during AOS under this particular circumstance is getting AP.

BTW, you know she must be in the US to file AOS, right ?
 
GotPR? said:
No she can't use B visa to enter.
Only way to travel during AOS under this particular circumstance is getting AP.

BTW, you know she must be in the US to file AOS, right ?
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I dont necessarily think he is filing Adjustment of status. Maybe he just means GC.......

I think if you file for her GC when she is her own country she can travel on here valid B1 or b2.
Only thing is they might ask her at the airport if she has any immigration proceedings under way.
But if she is here and then it is right that you should file for Advance Parole.
Best way would be to check with a immigration lawyer.......spend a few $$s . it is always better to be safe than to be sorry.
 
how would they give her a non-immigrant visitor visa when there is clearly an intent to immigrate because a green card has been applied for?
 
clearly, she already has a visitor's visa, and her child didn't apply for her GC yet.

My mother has a multiple entry visitor visa that is valid for several more years. I am now a US citizen and want to apply for her green card.
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Yes, but to come in again on it would require the immigration officer to be convinced that there was no intent to immigrate which would be a tough argument to win when you have a green card application in process.
 
jimothy said:
Yes, but to come in again on it would require the immigration officer to be convinced that there was no intent to immigrate which would be a tough argument to win when you have a green card application in process.
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If they started arguing about immigration intent with POE officer, it would be very tough , however, POE won't ask such question at most of the time(I used VWP many times, but they have never asked such questions).
In such circumstances(CP), I believe using B visa to enter the US is not prohibitted as long as the purpose of visit meets B visa usage.

If one filed AOS, that is different story. ICE clearly mentioned in the website
that F1 cannot be used in such circumstances. I don't find reason why B is allowed when F is not allowed.
 
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GotPR? said:
If one filed AOS, that is different story. ICE clearly mentioned in the website
that F1 cannot be used in such circumstances.
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Could you please direct me to a website that says F-1 cannot be used once AOS is filed?

I need to know for certain what happens if immediate relative AOS is filed for a student currently in F-1 status.

The school's international student advisor is trying to make us file another I-20 and continue in F-1 status, even though I-130/I-485 as immediate relative was already filed. He claims INS rules had changed, and threatens to notify INS if we don't sign up (and pay) as full-time international student for next semester.
 
blackrussian said:
Could you please direct me to a website that says F-1 cannot be used once AOS is filed?

I need to know for certain what happens if immediate relative AOS is filed for a student currently in F-1 status.

The school's international student advisor is trying to make us file another I-20 and continue in F-1 status, even though I-130/I-485 as immediate relative was already filed. He claims INS rules had changed, and threatens to notify INS if we don't sign up (and pay) as full-time international student for next semester.
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Hi:

It is not the first time that somebody tells me this, but it is absolute nonsense. Tell him he can notify "INS" away ---- once you have your I485 receipt, you are in pending AOS status ---- you can continue attending school as you are, drop to half-time, drop out of school etc. Your status is no longer dependent on the student visa and its conditions.
 
pianoplayer said:
once you have your I485 receipt, you are in pending AOS status ---- you can continue attending school as you are, drop to half-time, drop out of school etc.
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That's what we told the student advisor! But he insists he called INS and they confirmed we need to continue F-1 status. I have a feeling it's because the school wants more money.

I'm just afraid he'll screw it up for us somehow by creating a record of "violation" that will haunt us later, for example, when traveling outside US while still on AOS.
 
when you are in AOS pending status, you cannot travel outside the US without an Advance parole, unless you have a valid H1 or L1 visa. Otherwise, you MUST have a valid advance parole, if you don't wish to forfeit your AOS process. If you leave the US without AP while in AOS pending status, you forfeit your AOS application.

If you leave the US while AOS is pending, and decide to return using F-1 visa - first of all, if the officer lets you in, you will once again be in F-1 status, and AOS will be forfeit. But in 99.9% of cases, you will be denied entry on an non-immigrant visa since you have file AOS and therefore showed immigrant intent.
 
blackrussian said:
Could you please direct me to a website that says F-1 cannot be used once AOS is filed?

I need to know for certain what happens if immediate relative AOS is filed for a student currently in F-1 status.
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he is talking about a visa, not status. You can keep the status if you don't work with your AOS EAD and you do not travel outside the US, and you keep going to school full-time, then - theoretically - you get to keep F-1 status and if AOS falls through (which sometimes happens), then you get to fall back on F-1 status. Practically, I don't see that happening, because it will be extremely hard to prove non-immigrant intent after AOS.
 
I know about AP... But I've heard, that even with a "valid" AP, the entry to US can still be denied if there was a violation of immigration status previously.

For example, a parent can fall out of status and later would still be allowed to file AOS as a parent of US citizen. But if he wishes to travel outside of the country and files for AP, he may be denied entry even with AP in hand.

While violations such as being out of status or working without authorization are forgiven to immediated relatives of US citizens, it's only forgiven if they complete AOS process in US and do not travel, even on AP. AP does not guarantee re-entry.

This is why I'm so concerned about our student advisor and his threats to notify INS about falling out of F-1 status. Once the record is created, how are we going to prove it's wrong and unlawful?

Please let me know, if anyone knows an official source for INS rule regarding F-1 no longer required once AOS was filed. I need to show it the advisor, so that he leaves us alone and doesn't geopardize our immigration records.
 
blackrussian said:
I know about AP... But I've heard, that even with a "valid" AP, the entry to US can still be denied if there was a violation of immigration status previously.

For example, a parent can fall out of status and later would still be allowed to file AOS as a parent of US citizen. But if he wishes to travel outside of the country and files for AP, he may be denied entry even with AP in hand.

While violations such as being out of status or working without authorization are forgiven to immediated relatives of US citizens, it's only forgiven if they complete AOS process in US and do not travel, even on AP. AP does not guarantee re-entry.

This is why I'm so concerned about our student advisor and his threats to notify INS about falling out of F-1 status. Once the record is created, how are we going to prove it's wrong and unlawful?

Please let me know, if anyone knows an official source for INS rule regarding F-1 no longer required once AOS was filed. I need to show it the advisor, so that he leaves us alone and doesn't geopardize our immigration records.
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Hi:

Have you already received the I485 receipt? If you have it, the school official can call as much as he likes and terminate your F1 status. It will be irrelevant, since you will not accrue overstay with a pending AOS, evidenced by your I485 receipt.

If you want to travel, apply for and use AP. (provided you have not had any overstay prior to filing I485). Your advisor cannot jeaporize your immigration records at this point.

If you feel very harassed, have a local immigration attorney write him a letter. But at the end of the day, it is none of his business - your immigration status is between you and USCIS and no longer has anything to do with him.
 
LucyMO said:
if you keep going to school full-time, then - theoretically - you get to keep F-1 status and if AOS falls through (which sometimes happens), then you get to fall back on F-1 status.
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We don't want to keep my mom's F-1 status, since it's costing us a pretty penny! She still wants to finish school, but it's much less expensive as part-time and state resident as opposed to full-time non-resident (F-1).

We're just afraid she won't be able to travel even on AP if the student advisor creates a fuss with INS and ruins her immigration file. :mad:
 
pianoplayer said:
Have you already received the I485 receipt?
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We even have an interview scheduled soon.

pianoplayer said:
the school official can call as much as he likes and terminate your F1 status. It will be irrelevant, since you will not accrue overstay with a pending AOS, evidenced by your I485 receipt.
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Do you have a source for this? I'd like to show it to him, to get him off our case. I really feel it's all about trying to extact as much money from international students as possible...
 
For example, a parent can fall out of status and later would still be allowed to file AOS as a parent of US citizen. But if he wishes to travel outside of the country and files for AP, he may be denied entry even with AP in hand.
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That is correct. If anybody accumulates more than 180 days of illegal presence, he will be barred from entering the US with any visa or AP for 3 years. If a person accumulated more than a year of illegal presence, the bar will be for 10 years. Therefore, if you accumulated more than 180 days of illegal presense, do not travel even with AP.

This is why I'm so concerned about our student advisor and his threats to notify INS about falling out of F-1 status. Once the record is created, how are we going to prove it's wrong and unlawful?
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if you are in legal status at the time you file AOS, than you will still be in status "AOS pending" until AOS is adjudicated (either approved or denied).

I myself filed for AOS in 2004 while I was in F-1 status, after which I abandoned F-1 status, emailed my international advisor about it, and she made necessary adjustments in SEVIS. I do believe that they make some kind of comment on it that AOS is pending. I had no problems at the interview, and in fact, the adjudicating officer praised me for being in status all the time.
 
LucyMO said:
I myself filed for AOS in 2004 while I was in F-1 status, after which I abandoned F-1 status, emailed my international advisor about it, and she made necessary adjustments in SEVIS. I do believe that they make some kind of comment on it that AOS is pending.
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Thanks for the suggestion! I'll ask him to put the same note in SEVIS records, that "AOS is pending".
 
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