QUESTION
What should I do to be able to get an adjustment of status and green card?
Asked on May 31st, 2013 on Immigration - California
More details to this question:
My mother is due to arrive on a visitor visa soon. Although she is not keen we want her to stay with us here in the United States. I'm a United States citizen and want to apply for AOS and get a green card.
8 ANSWERS
You can do that while she is in the US but the timing needs to be strategized properly so that it does not look like misrepresentation of intent at the time of entry as a visitor.
Answered on Jun 05th, 2013 at 9:39 AM
Adebola O. Asekun
As US citizen, you are eligible to apply for a green card for your mother by filing a Form I-130 alien relative petition for your mother. Under immigration law, she is considered an immediate relative of a US citizen s.201(b)INA. If she is physically present in the US after lawful admission, she can concurrently file her Form I-485 Adjustment of status application [green card] and work permit all at the same time. Current processing times of this kind of petition is between 6-8 months. There are a number of issues involved in the process and which are understandably too numerous and nuanced to go through in this forum. You need to carefully consider these issues in consultation with a lawyer And so, I suggest that you consult with an experienced immigration attorney.
Answered on Jun 04th, 2013 at 12:44 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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If she decides to stay, you may file for her adjustment while on a tourist visa. She will have to stay for a minimum of 3 months after the filing. She will get a temporary travel permit, which will allow her to leave while the case is pending. Generally, these cases are taking 4 to 6 months to process.
Answered on Jun 04th, 2013 at 12:44 AM
You have petition her there are many steps to the process. However there may be serious negative concerns if attempting this while she is here in the U.S. on a visitor visa. You should consult with an Immigration attorney who can walk you through the process and help you prepare the paper work if want.
Answered on Jun 04th, 2013 at 12:43 AM
Bruce A. Coane
I-130/485 is the basic process. Our law firm represents families in processing cases like this.
Answered on Jun 04th, 2013 at 12:43 AM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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Once she comes in and she changes her mind to adjust status, you can file a petition and adjustment of status package with the USCIS for her to get a Green Card.
Answered on Jun 04th, 2013 at 12:43 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You need to be careful and to schedule a full consult with a competent immigration attorney. Your mother cannot enter with the intent to adjust her status. Once she is in the US, go see someone who will fully review her case to ensure eligibility.
Answered on Jun 04th, 2013 at 12:43 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can apply for adjustment of status while she is in the US on a visitor visa. Just make sure to wait a couple of months before filing. And she must remain in the US until she gets her work and travel permits.
Answered on Jun 04th, 2013 at 12:42 AM