Please suggest if it's possible

[iGalin 7]

Hello dear VJ members,

I'm US citizen and want to bring my mom to states.

Currently I need her here(USA) so urgent that I'm thinking to apply for tourist visa for her in home country,

then once she'll get here I'm planning to adjust her status by filing I-130 and I-485.

The reason why I wanna do that way is tourist visa will take less time than IR-5. Would there be any problems with my scenario?

Any feedbacks are appreciated.

Best regards,

iGalin

[Harpa Timsah 13,258]

Yes, there are problems. It is illegal to enter the US on a non-immigrant visa with the intent to immigrate.

[iGalin 7]

Thanks, Harpa Timsah,

What if mom will be holding tourist visa and be here but as you mentioned since it's illegal, can I still apply for IR-5 visa?

In other words she ll be in states and I petition for her IR-5 then once she'll receive interview letter in home country she'll just go back and go through IR-5 processing.

Is it possible?

[sofya 10]

Your mother should never apply for a tourist visa with a goal to adjust to LPR status later. Tourist visas are non-immigration visas and should never be used to wiggle your way into the country. This is considered fraud and, should it be discovered by the USCIS officials, for example at the time of the visa interview at the embassy, your relative would face at least a visa denial and, in a worse case, a ban from entering the U.S. for years, and you could face fines or time in prison for concealing your knowledge of this/aiding the process. See more details here:

http://www.ilw.com/immigrationdaily/news/2006,1018-crs.pdf

What I would recommend is bring your mom for a short visit on a tourist visa now, but let her go back and go through a conventional immigration visa process.

[iGalin 7]

So are there any obstacles while she'll be here in tourist visa and going IR-5 route processing, once interview will be scheduled in US embassy/consulate in home country she'll just go back?

[ceadsearc 516]

That is fine if she gets approved for a tourist visa. She must not overstay her tourist visa though, so she needs to return before her stay expires even if it's not time for her interview yet.

[benuk 18]

So are there any obstacles while she'll be here in tourist visa and going IR-5 route processing, once interview will be scheduled in US embassy/consulate in home country she'll just go back?

You should never try the easy...Yes it will take maybe 3 months less than a IR-5 but if things goes wrong?? probably she could be banned for life! There are no easy way when it comes to the United States Immigration Law!Let's RESPECT that for our own good.

Hello dear VJ members,

I'm US citizen and want to bring my mom to states.

Currently I need her here(USA) so urgent that I'm thinking to apply for tourist visa for her in home country,

then once she'll get here I'm planning to adjust her status by filing I-130 and I-485.

The reason why I wanna do that way is tourist visa will take less time than IR-5. Would there be any problems with my scenario?

Any feedbacks are appreciated.

Best regards,

iGalin

Still you can try whatever you want!

[iGalin 7]

Thank you every one for your replies

[Counselorette 2]

Getting a US tourist visa for Russian citizens is quite easy now days - approval rates are around 85%. Your mother will have to show the lack of immigration intentions by submitting evidence of social and economical ties to her current place of residence. Once she gets the tourist visa and attempts to enter the United States, she will be asked about the purpose of her visit, and she must not intend to stay in the US permanently.

If your mother has sufficient ties to Russia (real estate, job, family, etc.) and you are a US citizen, there should be no problems with her visiting you for up to 6 months at a time, and your petitioning for her green-card. However, do not attempt to fool the system - that will causes troubles! Let's take two hypos. Hypo 1. A person enters the US with the intent to spend here 4 months and then leave. He gets admitted as a tourist, but then due to change of circumstances he decides to stay here, and his US citizen child petitions for him. There should be no problem with obtaining a Lawful Permanent Resident status here. Hypo 2. A person tries to enter the US on a tourist visa with the intention to stay here because his child is a US citizen and can petition for him. That is visa fraud. As tempting as it may sound, the misrepresentation of your immigration intentions at the US Consulate and the Border Patrol will cause consequences.

Anna T.

[benuk 18]

Getting a US tourist visa for Russian citizens is quite easy now days - approval rates are around 85%. Your mother will have to show the lack of immigration intentions by submitting evidence of social and economical ties to her current place of residence. Once she gets the tourist visa and attempts to enter the United States, she will be asked about the purpose of her visit, and she must not intend to stay in the US permanently.

If your mother has sufficient ties to Russia (real estate, job, family, etc.) and you are a US citizen, there should be no problems with her visiting you for up to 6 months at a time, and your petitioning for her green-card. However, do not attempt to fool the system - that will causes troubles! Let's take two hypos. Hypo 1. A person enters the US with the intent to spend here 4 months and then leave. He gets admitted as a tourist, but then due to change of circumstances he decides to stay here, and his US citizen child petitions for him. There should be no problem with obtaining a Lawful Permanent Resident status here. Hypo 2. A person tries to enter the US on a tourist visa with the intention to stay here because his child is a US citizen and can petition for him. That is visa fraud. As tempting as it may sound, the misrepresentation of your immigration intentions at the US Consulate and the Border Patrol will cause consequences.

Anna T.

The whole point here is if you enter the US with a Non-immigrant Visa (B1/B2) having in mind the intention to Immigrate is considered Fraud no matter the circumstances period!But again you can still try at your own risk!

Edited March 11, 2012 by benuk

[Boiler 43,757]

First she would need to get a B2.

[benuk 18]

First she would need to get a B2.