Visitor visa to green card status change.

O

olddude

Registered Users (C)
If I sponsor relative for green card who is already in US on visitor visa, does this person need to leave country and re-enter for green card to take effective? and if need to leave, how soon after green card approval does it need to happen? any information is appreciated.
 
Olddude,

Who is this person whom you are seeking to sponsor? Let us start there, shall we? Also, you should post this question in the family based section of this forum.
 
Al, thank you. This question was on-behalf of my niece. My niece is US Citizen, sponsoring her mother (on visitor visa, currently in US).
 
olddude said:
Al, thank you. This question was on-behalf of my niece. My niece is US Citizen, sponsoring her mother (on visitor visa, currently in US).
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OldD,

She will be fine as far as adjusting her status, provided she doesn't have any issues with her. Does her I-94 has anything in the effect of NO AOS? Usually, if CBP fear that a visitor might have immigration intent, they will usually stamp/write NO AOS on the I-94, which will force her to return to her home country. Your niece can still sponsor her via the Consular Process.
 
Al, Thank you. I will check with my nice regarding I-94. Barring potential issue with I-94; would she be able to obtain green card status without leaving country?
 
olddude said:
Al, Thank you. I will check with my nice regarding I-94. Barring potential issue with I-94; would she be able to obtain green card status without leaving country?
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Yep. Once all the paperwork is filed, she should stay in Uncle Sam until case is approved. As I said, family based greencard section of this forum is rich with information on filing for parents. Here is a link for your convenience.

http://forums.immigration.com/forum...ed-Green-Cards-Through-Marriage-or-a-Relative
 
Al Southner said:
OldD,

She will be fine as far as adjusting her status, provided she doesn't have any issues with her. Does her I-94 has anything in the effect of NO AOS? Usually, if CBP fear that a visitor might have immigration intent, they will usually stamp/write NO AOS on the I-94, which will force her to return to her home country. Your niece can still sponsor her via the Consular Process.
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Not true.

I have personally filled up forms for a immigrant who successfully adjusted their status to Permanent Resident even though a over zealous Officer at Philadelphia airport wrote on the back of the I-94 " No AOS, COS, EOS ".
There is no hard law for a Officer at POE to bar someone from doing those actions when the law clearly provides the applicants in those cases to do that.
They can deny entry or defer admission and that too with a solid reason, not just on a hunch.
The person was able to adjust status and was told by the DAO at the I-485 interview that CBP officer cannot determine or adjudicate a I-485.
The petition for that person was filed after consultation with a experienced Attorney.
 
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Al Southner said:
OldD,

She will be fine as far as adjusting her status, provided she doesn't have any issues with her. Does her I-94 has anything in the effect of NO AOS? Usually, if CBP fear that a visitor might have immigration intent, they will usually stamp/write NO AOS on the I-94, which will force her to return to her home country. Your niece can still sponsor her via the Consular Process.
Click to expand...

I have personally filled up forms for a immigrant who successfully adjusted their status to Permanent Resident even though a over zealous Officer at Philadelphia airport wrote on the back of the I-94 " No AOS, COS, EOS ".
There is no hard law for a Officer at POE to bar someone from doing those actions when the law clearly provides the applicants in those cases to do that.
They can deny entry or defer admission and that too with a solid reason, not just on a hunch.
The person was able to adjust status and was told by the DAO at the I-485 interview that CBP officer cannot determine or adjudicate a I-485.
The petition for that person was filed after consultation with a experienced Attorney.
 
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namecheckvictim,

Thanks for sharing your informative story. :( With that said, you are taking a single incident and make it as if it will be applicable to the general populace of those who file for LPR. I am certain there are cases where people who had "NO AOS, COS, EOS" written on their I-94 and we denied a greencard. Unfortunately, I can't provide any personal example as you just did. In the spirit of fairness, I know you value being correct and right, so I think you are "right".... no CBP can adjudicate the I-485, which appears to be a common sense. How can you expect a CBP officer to adjudicate an I-485?
 
No Al,

Your stance is more pessimistic and even though I have personal knowledge of this incidence, I will still side with you, I have heard too many horror stories than good ones with USCIS doings that has killed my optimism.
A person can get a Anal officer at the interview that could side with the CBP officer, but eventually at the appeal that person will come out smelling like roses.
 
I agree with you, anal officers are a drag on people. Hence, I believe that humor is good for one's life. I am sorry that you missed the levity in my response.
 
I actually got the sarcasm in your previous post, just didn't wanted to respond to somebody's personal opinions verses the actual laws. Maybe your opinions are formed in space as they usually have no base, get out of the International space station for a change to get a taste of life of the real world.

No offense intended.
 
namecheckvictim said:
I actually got the sarcasm in your previous post, just didn't wanted to respond to somebody's personal opinions verses the actual laws. Maybe your opinions are formed in space as they usually have no base, get out of the International space station for a change to get a taste of life of the real world.

No offense intended.
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Ouch...hmmmmmmmmmmm....that was a doozy...!!!!
 
My last post is only to be used for humor only.
Otherwise your posts have a very optimistic approach but very informative, and provide great help for the people seeking info on this forum.
 
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