Petitioning Parent Once You're a USC

[Harmonia 211]

My husband can naturalize in a few months. His mom is already here and would do AOS. He can petition her with no wait time as an immediate relative, correct?

When can he submit her paperwork, literally the day after he does his naturalization oath? Or does he need to wait until he gets issued a US passport? I believe my passport took about a month to come, but I first got one 13 years ago.

[Russ&Caro 1,548]

You can adjust status as a parent of a USC? Never heard this. I'll be interested in the replies.

[Harmonia 211]

You can adjust status as a parent of a USC? Never heard this. I'll be interested in the replies.

Yes - IF the USC is over 21. A minor can't petition their parent.

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

The question isn't about adjusting status. The question is when can he actually send the I-130, which is what he'd send if his mom is in the US or outside the US. Of course, if she's adjusting status, there's additional forms to file.

Edited December 18, 2015 by Harmonia

[Russ&Caro 1,548]

Yeah, I know USC children over 21 can petition their parents. I just had no idea that parents can be here on a different visa and adjust status to a family visa during the petitioning period. That's what's new to me.

[Hypnos 6,576]

All immediate relatives can be adjusted in such a way. Immediate relative = spouse of a US citizen, parent of a US citizen (of a child at least 21), minor child of a US citizen (under 21), or widow/er of a US citizen (that died within the previous two years).

With regards to the OP, he can send the I-130 immediately after the oath ceremony, since he can use a photocopy of his naturalisation certificate to prove his US citizenship.

Given that an I-485 plus other supporting documents would also be required then it makes no real sense to send the I-130 so quickly or by itself, unless the I-130 is the last thing you are waiting on.

[newacct 688]

Yeah, I know USC children over 21 can petition their parents. I just had no idea that parents can be here on a different visa and adjust status to a family visa during the petitioning period. That's what's new to me.

Anyone in any category (not just immediate relatives) who is in the US in legal status can adjust status if a visa number is available for their category. In addition, immediate relatives who entered legally can adjust status regardless of whether they are in status or not.

[newacct 688]

My husband can naturalize in a few months. His mom is already here and would do AOS. He can petition her with no wait time as an immediate relative, correct?

When can he submit her paperwork, literally the day after he does his naturalization oath? Or does he need to wait until he gets issued a US passport? I believe my passport took about a month to come, but I first got one 13 years ago.

He can submit them as soon as he takes the oath, if he wants. I-130 and I-485 would be submitted together. Passport is not needed, and as an American he doesn't ever need to get a passport if he doesn't want to.

[Harmonia 211]

He can submit them as soon as he takes the oath, if he wants. I-130 and I-485 would be submitted together. Passport is not needed, and as an American he doesn't ever need to get a passport if he doesn't want to.

Thanks for the info, and good point! I've read most US citizens don't hold a passport.

On a side note, my husband is very excited to naturalize. He hopes to get everything done in time to vote in the 2016 elections. Talk about patriotism! Most Americans don't even vote, and he is jumping at the bit, doing practice civics tests and educating himself on the issues to make an informed electoral decision. I wish more people had that appreciation of what it means to be an American.

Edited December 28, 2015 by Harmonia

[NigeriaorBust 4,087]

Yeah, I know USC children over 21 can petition their parents. I just had no idea that parents can be here on a different visa and adjust status to a family visa during the petitioning period. That's what's new to me.

It is visa fraud to come to the US on a visitors visa with the intent to adjust. You can however adjust in the US if that was not your original intent.

[aaron2020 11,651]

It is visa fraud to come to the US on a visitors visa with the intent to adjust. You can however adjust in the US if that was not your original intent.

Mom is already here. She will soon be the Immediate Relative of a USC, so immigrant intent will be irrelevant under Matter of Battista and Matter of Cavazos.

As long as her son is a USC, she can adjust even if she is out of status and came to the US with immigrant intent.

Your statement implies that she can not adjust in the US if she had immigrant intent is simply false.

My husband can naturalize in a few months. His mom is already here and would do AOS. He can petition her with no wait time as an immediate relative, correct?

When can he submit her paperwork, literally the day after he does his naturalization oath? Or does he need to wait until he gets issued a US passport? I believe my passport took about a month to come, but I first got one 13 years ago.

It could take up to a year to get US citizenship. How is mom going to maintain her legal status until then?

[NigeriaorBust 4,087]

Mom is already here. She will soon be the Immediate Relative of a USC, so immigrant intent will be irrelevant under Matter of Battista and Matter of Cavazos.

As long as her son is a USC, she can adjust even if she is out of status and came to the US with immigrant intent.

Your statement implies that she can not adjust in the US if she had immigrant intent is simply false.

It could take up to a year to get US citizenship. How is mom going to maintain her legal status until then?

My statement was not wrong It is visa fraud to use a visitors visa to enter the country with the intent to immigrate. I can bet if you hit the US with a visitors visa and tell immigration that you are here to apply for a green card you won't be visiting. Proving intent is a hard thing unless the person makes statements to confirm intent.

[aaron2020 11,651]

My statement was not wrong It is visa fraud to use a visitors visa to enter the country with the intent to immigrate. I can bet if you hit the US with a visitors visa and tell immigration that you are here to apply for a green card you won't be visiting. Proving intent is a hard thing unless the person makes statements to confirm intent. SO WHAT. NONE OF THIS IS RELEVANT TO THE OP'S MOM AT THIS POINT WHEN SHE IS ALREADY IN THE US. IMMIGRANT INTENT IS A NON-ISSUE WHEN MOM FILES TO ADJUST.

While the first sentence, "It is visa fraud to come to the US on a visitors visa with the intent to adjust." is true, your second sentence is misleading. Your second sentence, "You can however adjust in the US if that was not your original intent." implies that the OP's mom can not adjust in the US if she entered with the intent to immigrate. That's why your statement was wrong. Immigrant intent does not apply to mom at the point where she has been admitted into the US>

Why would immigrant intent matter when mom is already in the US under Matter of Battista and Matter of Cavazos? Even if mom had immigrant intent when she entered and committed visa fraud as you suggested, is there any way for USCIS to deny her AOS for it? The answer is NO because immigrant intent doesn't matter when mom is already in the US.

Edited December 28, 2015 by aaron2020

[NigeriaorBust 4,087]

For immediate relatives intent can't be the sole reason but in can be used as part of a denial if it shows a disregard for the intent of the non immigrant visa they were using. And the person I responded to was not the OP but another VJ user whose parent was not identified as being inside the US. and who just recently got a green card themselves.