Permanent stay while on Tourist Visa

[VFittipaldi 30]

Hi everyone,

I was wondering, is there a legal way for a parent of a US Citizen to apply for a permanent stay in the US while she is here on a tourist visa?

Thank you!

Edited September 30, 2015 by VFittipaldi

[Boiler 43,538]

File to Adjust Status?

[PK and PK 13]

Hi everyone,

I was wondering, is there a legal way for a parent of a US Citizen to apply for a permanent stay in the US while she is here on a tourist visa?

Thank you!

If you are citizen you file for adjustment of status (I-485 and I-130.) They will mostly need to remain in the US while the application is being processed (~1 year) so make sure all supporting documents are available before you start.

[rodeo 11]

Hi everyone,

I was wondering, is there a legal way for a parent of a US Citizen to apply for a permanent stay in the US while she is here on a tourist visa?

Thank you!

File Form I-485, Adjustment of Status (AOS), Fee is USD 1,070, Biometrics fee already included.

If you have not file the Form I-130 yet for your parent, then include this in your application package, fee is USD 420.

You may also file the forms I-131 (Travel Document/Advance Parole) and I-765 (Employment Authorization), no fees are needed when filing for these applications together with AOS.

As PK and PK posted, your parent can not visit his or her home country unless Travel Document or the Greencard is already issued to him/her.

[MacUK 983]

Hi everyone,

I was wondering, is there a legal way for a parent of a US Citizen to apply for a permanent stay in the US while she is here on a tourist visa?

Thank you!

Is the parent in the US already?

[VFittipaldi 30]

Is the parent in the US already?

She is coming here next month. She just received her tourist visa which is good for one year.

So i was wondering while she is here could she legally apply for permanent stay(green card)?

Or since she is here on a tourist visa she can't do that?

Thank you!

[VFittipaldi 30]

If you are citizen you file for adjustment of status (I-485 and I-130.) They will mostly need to remain in the US while the application is being processed (~1 year) so make sure all supporting documents are available before you start.

Thank you!

[Transborderwife 4,666]

She is coming here next month. She just received her tourist visa which is good for one year.

So i was wondering while she is here could she legally apply for permanent stay(green card)?

Or since she is here on a tourist visa she can't do that?

Thank you!

If she's not here already no you cannot

[VFittipaldi 30]

File Form I-485, Adjustment of Status (AOS), Fee is USD 1,070, Biometrics fee already included.

If you have not file the Form I-130 yet for your parent, then include this in your application package, fee is USD 420.

You may also file the forms I-131 (Travel Document/Advance Parole) and I-765 (Employment Authorization), no fees are needed when filing for these applications together with AOS.

As PK and PK posted, your parent can not visit his or her home country unless Travel Document or the Greencard is already issued to him/her.

Thank you! I am familiar with the AOS process. But my wife was in her country at the time, in this case the person would be here on a tourist visa so that is why i am confused because im not sure if that is possible to do.

[VFittipaldi 30]

If she's not here already no you cannot

What do you mean?

Can i start the process when she gets here or it has to be started while she is in her country?

[Transborderwife 4,666]

What do you mean?

Can i start the process when she gets here or it has to be started while she is in her country?

She cannot come and stay. You can start the process but she will have to return home for visa interview and medical.

[HFM181818 748]

what will she be telling the border folks upon arrival? (a) "I'm here to visit' (but then proceed with the AOS request), having now misrepresented her intentions or (b) 'I'm here to camp out while waiting for the AOS process and don't plan to go back..'....which statement is true? That's the question.

One is possible misrep; the other will have her on a plane headed home shortly after arrival.

[TheCaptain 67]

If she wants to enter the US under a tourist visa with the intention of adjusting status and immigrating then that is visa fraud.

She can be deported and given a lifetime ban from the US for misrepresentation, oh and she can be deported even after she gets her green card if they found out she lied. If she wants to visit on a tourist visa, for which it is intended, then return home while her AOS is processed then that is a different story.

Edited September 30, 2015 by TheCaptain

[Arslan12 20]

what will she be telling the border folks upon arrival? (a) "I'm here to visit' (but then proceed with the AOS request), having now misrepresented her intentions or (b) 'I'm here to camp out while waiting for the AOS process and don't plan to go back..'....which statement is true? That's the question.

One is possible misrep; the other will have her on a plane headed home shortly after arrival.

They rarely ask about the purpose of visit. She doesn't need to say anything to them. When my mom visited US, she was not asked any question. They just let her through.

[Transborderwife 4,666]

They rarely ask about the purpose of visit. She doesn't need to say anything to them. When my mom visited US, she was not asked any question. They just let her through.

Really? I'm asked every time