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Adjustment of Status: Tourist to Immigrant?? Is it possible

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Filed: IR-5 Country: Philippines

The mother of a friend of mine is in the US on a multiple entry tourist VISA (4th time) and is planning to petition her to migrate in the US. Any suggestion on what route to take and here are some of our questions:

1. Can she file an Adjustment of Status for her mother while in the US on a tourist VISA to an Immigrant Visa? or

2. Is the best option is for her mom to return to her country and then the daughter (USC) petition her on IR5 Category.

Thank you all for your reply.


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Filed: Citizen (apr) Country: China

Either way works, however in the case of an adjustment of status will need to be prepared to answer questions as to INTENT upon entry to the USA, if the interviewing officer feels that the INTENT when entering the USA WAS to Immigrate, they can just as well deny the adjustment of status.

Also be aware, sometimes at the POE, if the officer feels there is a possible immigrations intent, they can take the person aside and ask a few more questions, sometimes making the visitor sign a form stating there is NO immigrations intent, which can and does get used to deny an adjustment of status.

Best thing if contemplating immigrations, is for US Citizen to file an I-130 for an IR-5 IMMIGRANT visa and do it the correct way.

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.



Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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