Entering USA on Tourist Visa and daughter submitting I-130

[kiaradv 2]

Hello Visa Journiers, (don't know if that's a word

 

So, I have a friend who is requesting my help in the paper work for her mother. Here's the story:

My friends is Permanent Resident of USA and her mom entered the USA under a tourist visa.  My friend wants to submit I-130 for her mom and for the mom to stay and wait until her paper comes out. 

I honestly dont know how this works, the process and the consequences of this action.  She's asking for my help because I did all the paper work for my hubby myself. 

 

Can anyone please advice me as to this? 

 

 

Thanks in advance <3

 

[Crazy Cat 39,226]

" Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States."

[Crazy Cat 39,226]

https://www.uscis.gov/family/family-us-citizens/parents/bringing-parents-live-united-states-permanent-residents

[Unlockable 7,306]

1 hour ago, kiaradv said:

Hello Visa Journiers, (don't know if that's a word

 

So, I have a friend who is requesting my help in the paper work for her mother. Here's the story:

My friends is Permanent Resident of USA and her mom entered the USA under a tourist visa.  My friend wants to submit I-130 for her mom and for the mom to stay and wait until her paper comes out. 

I honestly dont know how this works, the process and the consequences of this action.  She's asking for my help because I did all the paper work for my hubby myself. 

 

Can anyone please advice me as to this? 

 

 

Thanks in advance <3

 

She can’t. Your friend must be a US citizen first before she can petition for parents.

 

if her mom continues to stay she will overstay her visitor visa and be here out of status. She should have her mother return home and wait until she naturalized before trying to bring her here. But she also should not be planning to use her mom’s visitor visa for her to come and adjust her status. 

[kiaradv 2]

1 hour ago, missileman said:

" Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States."

Sorry, she’s actually a citizen. 

18 minutes ago, NuestraUnion said:

She can’t. Your friend must be a US citizen first before she can petition for parents.

 

if her mom continues to stay she will overstay her visitor visa and be here out of status. She should have her mother return home and wait until she naturalized before trying to bring her here. But she also should not be planning to use her mom’s visitor visa for her to come and adjust her status. 

Sorry she’s actually a citizen 

[kiaradv 2]

Sorry friends.  My friend just notified me she is a USA CITIZEN

[aleful 1,905]

hi

 

she is already here right? then she should be sending the whole adjustment of status package, not just the i130

 

Edited December 27, 2017 by aleful

[Unlockable 7,306]

6 minutes ago, kiaradv said:

Sorry, she’s actually a citizen. 

Sorry she’s actually a citizen 

Then follow the guides...

 

http://www.visajourney.com/content/guides/

[Eric-Pris 1,602]

Not that she cares, but your friend (and her mother) is committing visa fraud.  Personally, I hope the mother gets denied, deported, and permanently banned from the US and her daughter goes to prison for perjury.

[Crazy Cat 39,226]

If she is a citizen, can her mother return to her country and follow the normal immigration process?   Doesn't she still have responsibilities in her home country since she came to the US just to visit temporarily?

[aleful 1,905]

20 minutes ago, Eric-Pris said:

Not that she cares, but your friend (and her mother) is committing visa fraud.  Personally, I hope the mother gets denied, deported, and permanently banned from the US and her daughter goes to prison for perjury.

not true

 

that's if she enters the country, she is already here, if she had lied at customs to an officer maybe, but overstay is forgiven for parents of a USC who entered legally the country

[aleful 1,905]

14 minutes ago, missileman said:

If she is a citizen, can her mother return to her country and follow the normal immigration process?   Doesn't she still have responsibilities in her home country since she came to the US just to visit temporarily?

 

they have to decide what they want to do, if she want's to return to her country, then she should leave before she overstays to not loose the tourist visa, and only file the i130 to have the interview in her country. the process will take a year

 

if she overstays, she will have to wait until she gets the advance parole to go back to her country for a short period of time, they will file the whole adjustment of status packet and she will have her interview, here in the US

[Crazy Cat 39,226]

6 minutes ago, aleful said:

 

they have to decide what they want to do, if she want's to return to her country, then she should leave before she overstays to not loose the tourist visa, and only file the i130 to have the interview in her country. the process will take a year

 

if she overstays, she will have to wait until she gets the advance parole to go back to her country for a short period of time, they will file the whole adjustment of status packet and she will have her interview, here in the US

Thank you, but I know how the immigration system works.  My wife (here via a CR-1)and I were apart for more than a year, even though she is from a VWP country.

Edited December 27, 2017 by missileman

[Becci391 339]

I cannot stand it if people use a TOURIST VISA or ESTA to adjust status here in the US knowing that they will stay here!

Makes my blood boil!

[caliliving 606]

7 minutes ago, Becci391 said:

I cannot stand it if people use a TOURIST VISA or ESTA to adjust status here in the US knowing that they will stay here!

Makes my blood boil!

 

well I can not stand when people seek out USC's online and use them just for a visa bc they can not come here to visit any other way! then miraculously as soon as they get their greencard (or soon after) they leave.