Hello,

I am a US Citizen and I want to sponsor Green Card for my mother, who is currently in US in visitor's visa.
My mother does not have her Birth Certificate. But she has a school admission form that has her birth date and an affidavit from her mother regarding her birth. Are these 2 documents sufficient to apply her I-485?
Does she need to get a Non-availability of birth certificate from the municipal/govt office?

We already applied in the municipal office for her non-availability of birth certificate. But looks like that is going to take some time. Can we apply I-485 with just the school application that has her birth date and affidavit from her mother regardig her birth?

Please help me!! My mother has only 2 months stamped in her I-94, which expires in May.

Any suggestions is appreciated!!

THANKS!

I don't know if you can apply for AOS on a visitor's visa. I think that would be immigration fraud.

That would depend on her intent at entry. She in an Immediate Relative and does not need to wait for a visa number.

Having all those documents to hand shall we say would appear suspicious, not exactly the sort of things I would take on holiday.

And to answer the Birth Certificate issue, probably, well I have seen similar posts before and that was the response. But these have all been applications to the Consulate.

No harm in seeking whatever else you can get just in case you get a RFE.

If you doubt the information being posted, please find something to back it up and provide a link. If you are not sure what to think, and want to follow the conversation, you can "watch this thread' which will email you updates if you like.

There are several circumstances where someone can apply for AOS on a visitor's visa.

This post is not an endorsement of this OP doing so in his mother's case.

Well, here's my backup.

I noticed so many Cambodian families who have immediate relatives outside the country, and they were unable to change their VISA from visitor visa to a CR/IR Visa. That is my backup.

Another point is an obvious point. If everybody can do visitor's visa than change their visa status by file form I-539, then AOS, why won't those Cambodian families with the method.

Meauxna,

So, you're telling me that he can file for I-130, and I-485 at the same time? Why wouldn't anybody here do that if that was the case? Why wouldn't they just let their immediate relative, wife, brother, sister, get a visitor visa then file I-130, and I-485? Isn't that faster?

This not about changing a visa, its about adjusting status.



Not everybody can, his Mother in this example can seek to adjust her status, subject to the usual qualifications.

Many people enter the US under one status and adjust to another.

Some do go that way, quite a few spouses do, more than go the K route probably. Regular topic on this board. Subject to the usual qualification.

How would a brother/sister remain in status until a visa number became available?

No one can change a tourist/visitor visa into an Immigrant Visa. That is not under discussion.

NOT "everybody" can AOS from a tourist entry, but SOME people can. I-539 has nothing to do with it, btw.



Who 'he'? I am not endorsing this method for this OP, but it is possible that his mother could AOS if she is in the US (this particular OP should really, really meet with a lwyer tho, due to the unusual 2-month entry stamp mom got).

NOT everyone qualifies for this method, and that is why "everyone" doesn't do it.
Brothers and sisters are not immediate relatives.

This is the point of my original post; there is a lot you aren't yet aware of, so you should be extra judicious with your answers to immigration questions. Hang back and watch the ones you are interested in--you will learn what the differences are, and you will be able to be helpful to people.

http://www.uscis.gov/files/article/A2.pdf

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.
You should come prepared with proof of your clear intentions in this regard.

You can substitute 'immediate relative' for 'fiance' here.
(PS: posting a source or link to a source, that is back up)