machelon wrote:
> unal_majid@yahoo.com Wrote:
> > When a US citizen applies for Green card using I-130 for a parent who
> > is on a B2 visa (still valid), he can at the same time apply for I-485
> > (adjustment of status). However, if the visa expires by the time I-130
> > and I-485 are approved, what happens? Is it OK for the parent to stay
> > in the US during this time?
> >
> > Is it better to apply overseas for a parent instead of while in the
> > US?
> >
> > Any comments or experiences are appreciated.
> >
> > Thanks,
> > Unal.
>
> I have the same situation as you and I asked around other lawyers and
> friends I always get different answers. So, again, re-phrasing your
> question I hope someone can clarify this. Is the INS "very picky" about
> the mother coming on a tourist visa and wanting to apply for GC from
> within the US??
Well, is this kind of decision made unilaterraly by the mother? No.
Most fot he time, the kids pay all the cards. The poor mother who
doesn't know all the immigration rules just do what the kid says.
> Is it enough to say "she came just for christmass or
> just for the summer" and the INS accepts it??
I doubt that INS (USCIS) would even ask that during the AOS interview.
If asked, "yes" since people change plans all the time.
>One very reputable
> lawyer told me that my mother can even be accused of "FRAUD" if she
> applies for GC while on her B2 visa. Other lawyer says there is no
> problem at all.
MY USC sister applied for my mother while she was on B-2 and in US.
(Just so you know, my sister failed to file I-485 at the same time much
less advanced parole and my mother got fed up waiting and left.) So
when the time came for AOS, my siter had to siwtched to CS. You see
how things chnaged.
> In my case, my US citizenship application got aproved many months in
> advance of the regular 9mo period. I always thoguth my mom would
> already be back home by the time i get my citizenship. So truly there
> was no intention to circumbent the application time for her GC
> application.
Then, explain that if asked.
> I truly hate immigration laws. they r so picky. :mad:
>
> Posted via http://www.mymigration.net
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