Change of Status Stamp on Visa

[golferadam 0]

My mother-in-law came here on a B2 visitor visa earlier this year. On her visa was stamped "No Extension or Change of Status". Is this always stamped on non-immigration visas now? Or was this specifically done on hers for some reason?

If it says "no extension or change of status on my visa, can we still apply for a green card for my mother-in-law? What are chances of approval?

Thanks.

[Used to be broken 147]

My mother-in-law came here on a B2 visitor visa earlier this year. On her visa was stamped "No Extension or Change of Status". Is this always stamped on non-immigration visas now? Or was this specifically done on hers for some reason?

If it says "no extension or change of status on my visa, can we still apply for a green card for my mother-in-law? What are chances of approval?

Thanks.

What status is your wife, LPR, Citizen or some other VISA? That will determine if you are eligible to apply for a green card for your wife's mother

Don't let her stay past her expiration because depending on your status, she might be barred from re-entry for from 3-10 years. And there is also going to be a question of if she entered on a non-immigrant VISA with the intent to immigrate.

At least check with someone on this

Edited October 21, 2010 by brokenfamily

[Used to be broken 147]

Here is more info:

http://www.mj-law.com/family_immigration/I-130_AOS_parents_US_citizen.php

[golferadam 0]

What status is your wife, LPR, Citizen or some other VISA? That will determine if you are eligible to apply for a green card for your wife's mother

Don't let her stay past her expiration because depending on your status, she might be barred from re-entry for from 3-10 years. And there is also going to be a question of if she entered on a non-immigrant VISA with the intent to immigrate.

At least check with someone on this

Wife is US citizen.

[Used to be broken 147]

Wife is US citizen.

There is no numerical limit on parents of Citizens, so assume it will take about the same as I130 does for spouse add in a little time for consular processing, but make sure she doesn't overstay the current VISA.

but you can dial it down a little more specifically by service center if you go to USCIS website and find your service center and processing types for that particular application.

Edited October 21, 2010 by brokenfamily

[Brother Hesekiel 2,236]

The B2 is a non-immigrant visa. Entering the US with it with the intent to adjust status to permanent resident is immigration fraud. If the CBP officer at the POE suspects possible intend, he or she will put the stamp in. This stamp is important.

Most of the time, intent is not being made an issue of when adjusting status. That's the case because it's hard to prove. However, here is proof, black on white, that your mother-in-law was already suspected to pull an illegal stunt. Hence, that gives the I.O. at the AOS interview amunition to deny the AOS petition based on misrepresentation. It will most likely carry a lifetime ban from the US.

I would urge you not to file for AOS and have your mother-in-law return to China and immigrate the proper way. The risk of messing her immigration up for good is extremely high here.

[Darnell 8,478]

Holy Cr@p - yer PRC-wife is a USCitizen already?

Tell HER to file the I-130 for an IR-5 visa on Monday, prep all the paperwork this weekend.

Forget about AOS 'for a greencard' - the mother 'qualifies' for an IR-5 based on YOUR WIFE'S CITIZENSHIP STATUS,

and

usually these 'types' of petitions 'go fast' at USCIS,

and

IF you (pardon, seriously, I meant, 'yer wife) use NVC Electronic Processing -

IMO

Mom can get IR-5 visa, with 10 year green card, with a Consulate (Guangzhou) interview around June, 2011.

Send Mom home before her B-2 visa expires, btw.

Good Luck ! This I-130 paperwork will be FUN !!!

Let me know if you need help for NVC EP (or study my profile, read the content in the EP links there)

[golferadam 0]

Well some time has passed since I asked about this. My MIL went back on time on her first visa. Now she has been back for several months on a second visitor visa. We are preparing to adjust her status because some unforeseen circumstances arose in China that makes it impractical for her to return.

I am completing the forms and had a couple questions.

1) On G-325A it asks for occupation. She has been a housewife her entire life. Should I put HOUSEWIFE or NONE? I guess NONE is easier because then I don't have to worry about dates and such.

2)On I-485 it asks for current USCIS status. Is that VISITOR?

3)On I-485 it asks "were you inspected by a US Immigration Officer?" What do they mean by inspected? She obviously went thru immigration and got an I-94. Does that constitute "inspection by a US Immigration Officer"?

4) I don't believe she has an A-number yet because she has only applied for visitor visas. If she does have one, where would I find it?

5) On I-485 instructions it mentions "Criminal History" as initial evidence. My MIL has no criminal history. Do we need to put anything in the cover letter addressing that she has no criminal history? Or can we just submit nothing for that part?

6) My wife is submitting the application as the sponsor. Is there additional evidence to prove relationship that we should submit in addition to the birth certificate which shows both names?

As always, thanks for any help you can provide!

Edited November 25, 2011 by golferadam