Hi,


I'm new to this forum; really hope I can find some answers here.

My mom is here on visitor's visa. Her stay will expire on June 7. I had my naturalization interview recently and will take the Oath on July 4. I want my mom to stay, but I'm not sure what's the best course of action should be.

1. Should we apply for extension of stay for her so that she remains here legally? Should we then
a. Apply for AOS as soon as I become citizen (what happens to the extension of stay application, which would still be pending? Will it need to be withdrawn? Will it be considered frivolous due to trying to stay in US? Will AOS be denied on bases of extension of stay pending?)
b. Wait for the decision on extension of stay and then apply for AOS (what happens if EOS is denied?)

2. Should we let her stay expire? Is this going to be a problem when applying for AOS? There is conflicting information on i-485 instructions regarding this: 10.D "You are not eligible to apply for AOS if your authorized stay expired before you file" and 10.F "you are not eligible to apply for AOS if you failed to maintain your non-immigrant status, unless you are an immediate relative of USC". 10.F has this disclaimer about immediate relatives, but 10.D doesn't.

3. Should she leave the country and re-enter? What are the chances she will be admitted if she tries to re-enter in a week?

4. Is it even given that I will become USC now that I passed the naturalization interview and have an Oath appointment? (I don't plan on committing any crimes or anything like that, are there other reasons why naturalization can be denied?)

I would appreciate some advise on best course of action.

Also, I just noticed that my mom's I-94 isn't filled out (it has stamp, but not her name or address on it). She told me that she only filled out the top part and thought that the bottom part will be filled out by the immigration officer. She doesn't speak English. What should we do about this? Should I send copies of blank I-94 when applying for EOS or AOS?
Really hope for some advice from professionals or from someone who's been in similar situation.

Thanks.

Your parents can not adjust status from a visitor visa. It's too late in the game to ask for an extention. Even then, extentions are only granted for extreme circumstances. This isn't.

Their only option is to follow standard procedure which is to have her return home. File an immigrant visa petition for your mother. One catch. Her tourist visa will be cancelled until the immigrant petition is processed.

Your mother can apply for adjustment of status, but it may be denied for fraud if you apply for adjustment after you apply for an extension. If you allow her status to expire, you can still apply, but it can also be denied for fraud, e.g. using the non-immigrant visa for avoiding applying for an immigrant visa.

The best thing to do is to have your mother return, then when you obtain citizenship, apply for an immigrant visa for her.

Doing it another way risk a denial for misuse of the non-immigrant visa.

Why make things more stiff and rigid than necessary? Parents of USCs can adjust status on US soil despite nonimmigrant visa violation and work without authorization.

They can apply, but also can be denied. You forget that. And if your plan was to break the law, why are you asking for advice?

The best option here is to let your mum return home before her visa expires so she can easily obtain another visitor visa to return. Then make sure when she returns you are already a citizen and have everything you need ready so that when she arrives you can file for her while she is here. She can then be here with you while her AOS is processed. My cousin did just exactly what I explained here so its a sure hit.

Again, that's a question of what's ideal and what's real. You look at the law against the alien, but forget the law in favor of the USC. It's provided that: "The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, may apply for adjustment of status under section 245(a)."

quote:

Originally posted by Rough Neighbor:
Why make things more stiff and rigid than necessary? Parents of USCs can adjust status on US soil despite nonimmigrant visa violation and work without authorization.

Stiff and rigid? Better watch your choice of words, LOL. Anyhow, in the situation given it would be less stressful and more correct to follow the intended path of the law versus exploiting loopholes. Those gaps can suddenly close or be found too narrow to pass leaving the person unexpectedly without options.

BTW, welcome back. The left has been too easy a target in your absence.

Welcome back too RN. The left might have been an easy target but we're RIGHT on target with the right

I like to second that.. welcome back RN!

It Sometimes ****s To always know!!!

Remember, they can apply, but they can also be denied.

Remember, NIV violation and unauthorized employment by USC immediate relatives are neither viewed as 'immigration fraud' nor grounds for denial by USCIS of their AOS applications as claimed. Hence, remember, they apply and they're getting approved.

In some cases yes. But not always. Such as the B1 who marries withn 90 days. Or the unauthorized worker claiming USC on the I-9.

It probably would be best for the mom to go back home first to get her affairs in order priot yo the big move.

Before I became a US citizen, my mother went back to Lima (2006) to renew her tourist visa but it was denied. When that happened I was pregnant with my first child and that was terrible news for me.

Once I become a US Citizen I file the i-130 for both my dad and my mom at the same time (April 2009).

My dad is here from 2000 and he lost his non-immigrant status so he is now adjusting his status and will have his interview next month (I'm so glad). In the other hand my mother is still waiting in Lima Peru. Our lawyer say it can take from 5 to 13 months.

Is easiest or faster do it in United States through Adjust of Status than in the consular Office in you home country.

Hope everything is going fine with your case. Hopefully my mom would make it here soon and meet her second grandchild, I will let you know about it for process time reference for you.
Good Luck

What a bunch of crooks and welfare cheats.

Her dad abandoned his wife for over 9 years!!! Jeezzzus. What the hell is wrong with people! All for a freakin GC, rat hole apartment, and welfare check?

They enjoy not working and fattening up so they can get diabetes.