AOS for mother of US citizen under VWP

[jxs832 0]

Hi,

I am planning on helping my mom move to the US in the next few months. I am a US citizen by birth and my mom is a naturalized Dutch citizen. She will be coming in two months under the VWP. I was told these are the forms we need to file and we can file them all at once as soon as she gets here. Is this correct?

I-130, I-485, I-693, I-864, I-765, I-131

I do know I need to file some other forms that as part of the ones I mentioned above. I will be posting a final checklist once I have gathered everything. I have a few questions though.

Will it be a problem since she will be under the VWP? If not, do we need to file everything before the 90 days? What will happen if we don't hear back before the 90 days are over? Will she have to go back?

Most of the forms ask for either a visa number or an alien number. Is this the ESTA number? What should I put in here?

Thank you in advance for all your help!

[aaron2020 11,651]

It's immigration fraud to enter the US on the VWP with the intent to immigrate.

Do it the legal way. File the I-130 today and wait the 8-12 months for an immigration visa. In the meantime, she can visit on the VWP.

It's immigration fraud to enter the US on the VWP with the intent to immigrate.

Do it the legal way. File the I-130 today and wait the 8-12 months for an immigration visa. In the meantime, she can visit on the VWP.

[Boiler 43,859]

No

You can file for an Immigrant Visa now, she can visit on the VWP whilst it is being processed.

Edited March 11, 2014 by Boiler

[jxs832 0]

Everything I have read since that the law was changed in November to allow for this though.

[Boiler 43,859]

Law has not been changed?

[Eric-Pris 1,602]

What law has changed? You seem to be misinformed.

During the interview, they may determine that your mother came in under VWP with the intent to emigrate. You know what will happen then... she will be denied residence, she will be deported, and possibly banned for anywhere from 3 years to a lifetime ban for visa fraud.

It's not worth it to save a few months wait.

Do it the right way.

http://www.visajourney.com/content/immigration-parents-overview

http://www.visajourney.com/content/immigration-parents

Edited March 11, 2014 by Eric-Pris

[Boiler 43,859]

The issue would be at the PoE, turns up with her cat, belongings etc and is asked how long she is coming for......

[Hypnos 6,576]

The law was not changed in November 2013; that policy document merely re-stated what was already existing policy.

Entering the US on a nonimmigrant visa (including the VWP) with the preconceived intent to remain and adjust status would be visa fraud.

Since your mother is currently outside the US, you should file an I-130 now, wait around a year or so for it to be approved, then she can seek an immigrant visa abroad. She can visit on the VWP during this time, but would need to depart the US before her authorised stay expired.

[jxs832 0]

I am looking at the document now, and unless I am not understanding this right, it says it can be done.

"INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a

person admitted for permanent residence. This provision, however, includes an exception for

immediate relatives of U.S. citizens. Thus, an individual admitted under the VWP who is also an

immediate relative is not precluded from seeking adjustment of status, even after the VWP period

has expired."

I am not trying to start an argument, just trying to really understand the law.

Here is the link:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

[Hypnos 6,576]

I don't think anyone is saying it can't be done. There has always been an exception for immediate relatives of a US citizen to be able to adjust status even if they entered on the VWP. The issue is that using a nonimmigrant visa for the purpose of immigrating to the US is a federal crime (visa fraud).

A nonimmigrant visa (including the VWP) is meant to be used for nonimmigrant purposes, not for immigrating to the US. If you want proof of this, have your mother come over on the VWP and when the CBP officer asks her what the purpose of her trip is, make sure she says she is going to stay and adjust status. She will be detained at Secondary, then placed on the next flight back to her home country.

[Boiler 43,859]

Your mother hasn't been admitted.

[jxs832 0]

I don't see why she wouldn't be admitted, she has come to the US before.

I belive you Hypnos. How do the people that come here under VWP and then get married do it? Is it simply because immigrating here wasn't their original purpose?

[Merrytooth 5,748]

I don't see why she wouldn't be admitted, she has come to the US before.

I belive you Hypnos. How do the people that come here under VWP and then get married do it? Is it simply because immigrating here wasn't their original purpose?

You should have your mom openly declare to the CBP officer that she is going to stay and AOS.

Then come back here and report how it works out for you.

[Hypnos 6,576]

How do the people that come here under VWP and then get married do it? Is it simply because immigrating here wasn't their original purpose?

Exactly that.

Edited March 11, 2014 by Hypnos

[Avery Cates 1,141]

You should have your mom openly declare to the CBP officer that she is going to stay and AOS.

Agreed.