visit visa holder to AOS

[uscis1 1]

Hi All and thank you all in advance.

I became a U. S. Citizen and would like to petition for my mother. She already holds a visitor's visa which expires in Sep of 2017. Can she come to U. S. and adjust her status or should I file petition or go thru the normal procedure? Secondly, My sister who's 14 at this time can she be included on my moms petition or should I file a separate petition?

[newacct 688]

She shouldn't enter on a visitor visa with intent to do Adjustment of Status here. You should petition her to do Consular Processing abroad. This is all assuming you're 21; otherwise you can't petition her at all.

Your mom would be in the Immediate Relative category which cannot have derivative beneficiaries, so your sister cannot immigrate together with your mom.

You can petition your sister but the wait in that category would be like 13+ years. Instead, you mom should petition her immediately after she becomes a permanent resident (which is when she enters the US with an immigrant visa, if she is doing Consular Processing). The wait in that category would be 1-2 years.

[aaron2020 11,651]

Hi All and thank you all in advance.

I became a U. S. Citizen and would like to petition for my mother. She already holds a visitor's visa which expires in Sep of 2017. Can she come to U. S. and adjust her status or should I file petition or go thru the normal procedure? Secondly, My sister who's 14 at this time can she be included on my moms petition or should I file a separate petition?

Using a visitor visa with the intent to immigrate is visa fraud. You need to file a petition and go thru the normal way.

Your sister can not be included on your mom's petition. When a USC petitions for a parent; only the parent is eligible for a visa.

It will take 13 years for you to petition your sister. Your mom as an LPR can petition your sister; 2 years.

This is what I would do; 1) Petition for mom, 2) she immigrates and gets her green card, 3) LPR mom files for sister, and 4) LPR mom gets a Re-Entry Permit to go home to care for her minor child until the child's PD becomes current.

[uscis1 1]

Thanks for replies.