My Mother Last Chance :(

[enzo12 0]

My mom is in Peru right now and just found out her US tourist visa expires January 2nd 2013. I just bought her a ticket last minute so she can enter the country before her visa expires. From Dec 27th- coming back to Peru February 2nd.

My sister just told me that they might not let her in cause her visa expires on Jan the 2nd and her return is for February. She thinks that Homeland security officers would like to see her return for January the 1st since her visa expires the next day? and then maybe she can stay in the country while I do her papers? Can she stay here after her expiration date and still apply for her green card?

My plan was to get her green card when she is here (I am an American citizen) but now i am confuse, not sure what to do? Should I change her date on the return ticket?

BTW I dont want her to go to the American Embassy to apply for another tourist visa. I dont want her to take the risk of her toruist visa been denied.

Please help?

[Hypnos 6,576]

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

[Darnell 8,478]

Get her into the USA before her tourist visa expires <EOM>

[aaron2020 11,651]

My mom is in Peru right now and just found out her US tourist visa expires January 2nd 2013. I just bought her a ticket last minute so she can enter the country before her visa expires. From Dec 27th- coming back to Peru February 2nd.

My sister just told me that they might not let her in cause her visa expires on Jan the 2nd and her return is for February. She thinks that Homeland security officers would like to see her return for January the 1st since her visa expires the next day? and then maybe she can stay in the country while I do her papers? Can she stay here after her expiration date and still apply for her green card?

My plan was to get her green card when she is here (I am an American citizen) but now i am confuse, not sure what to do? Should I change her date on the return ticket?

BTW I dont want her to go to the American Embassy to apply for another tourist visa. I dont want her to take the risk of her toruist visa been denied.

Please help?

Your mother would be committing immigration fraud by having the intent to immigrate when she enters the US on a non-immigrant visitor visa.

What you are planning is illegal. She can visit and return home for an immigration visa, or she can wait for an immigration visa. She cannot use the visitor visa to enter the US with the intent to adjust and get a green card - this is immigration fraud.

[ManuNSam 1]

http://travel.state.gov/visa/temp/info/info_1298.html

from what i read here it says that her expiry is HER LAST DAY FOR ENTRY.

once she has entered she has enters into the "length of stay" clock.

A visa issued for a single entry (denoted on the visa under “Entries” with the number 1) is valid, or can be used from the date it is issued until the date it expires to travel to a U.S. port-of-entry one time.

as for filing anything while she is in the US, i would get a lawyer for that if i were you. that is very tricky ground to cover, and it would be detrimental to make a mistake. it might be costly but its better than hosing it up and dealing with it later.

[Moomin 292]

http://travel.state.gov/visa/temp/info/info_1298.html

from what i read here it says that her expiry is HER LAST DAY FOR ENTRY.

once she has entered she has enters into the "length of stay" clock.

as for filing anything while she is in the US, i would get a lawyer for that if i were you. that is very tricky ground to cover, and it would be detrimental to make a mistake. it might be costly but its better than hosing it up and dealing with it later.

Yeah however, the I94 could be stamped and dated only until the visa expires. In such case, anything beyond that would be unlawful stay.

[Darnell 8,478]

enzo12 - so, what's the current plan?

[ceadsearc 516]

Yeah, she probably isn't going to be let in with her visa expiring. Coming with plans to adjust is illegal anyway but she probably won't be allowed in at POE anyway. Today was the 27th though, so what happened? Best to file for the IR-5 while she is still there.

[ManuNSam 1]

for those of you differing on my answer - please read the page i linked to.

it clearly states that the visa expiration is completely different from the length of stay.

she has until the visa expires to ENTER.

it has nothing to do with when she leaves.

[Hypnos 6,576]

That is correct.

However, entering on a B-2 with the preconceived intent to remain would still be visa fraud.