adjusting status for mother in law

[USS_Voyager 1,971]

OP, your choices are:

 

1. File AOS now, she cannot leave the US until she receives AP, which could be 6-7 months. Whatever she intends to do in that April trip will have to ve cancelled.

 

2. She leaves in April and complete the consular processing from her home country and enter the US on an immigrant visa.

[nastra30 1,984]

As others have already touched on,  since she's already in the US you have two options:

->One is for her to stay put and not to leave until she has AP (I-131 approval) in hand.

->The other is she can certainly leave but will have to continue the process/interview in her home country. Once she leaves her adjustment status in the US is deemed abandoned. She can't come on her B Visa to continue the process in US because it will be an intent to adjust(fraud).

 

Goodluck.

Edited March 25, 2019 by nastra30

[Daisy.Chain 317]

4 hours ago, M & J said:

She entered the US in 11-2018 to help with our newborn son

Working is illegal on a tourist visa, even helping out family members without pay.

[M & J 5]

1 hour ago, Daisy.Chain said:

Working is illegal on a tourist visa, even helping out family members without pay.

She is not working. She is spending time with her new grandson along with the rest of the family. 

[Daisy.Chain 317]

3 hours ago, M & J said:

She is not working. She is spending time with her new grandson along with the rest of the family. 

You wrote "to help with our newborn son." The government considers that work (unpaid or not) and is not legal on a B2 visa. If USCIS finds out she could be in serious trouble. It's sad that caregiving is seen this way, but it is.

 

It's nit your definition of work, but that of USCIS that counts, unfortunately. 😢

[nullaccount234 882]

Like others have said she can adjust status now while in the US, because her intent was already established at the border. She'd have to wait 4-5 months for her EAD (work permit)/AP (travel document). Only after receiving these can she work legally and come back to the US without abandoning her AOS if she wanted to travel.

 

And yea - her performing any work that a babysitter or nanny could be hired to do, would require an EAD.

[CEE53147 559]

11 hours ago, M & J said:

She is not working. She is spending time with her new grandson along with the rest of the family. 

 

That is NOT what you said earlier. How do you "visit" with a newborn for 4 months?

[EM_Vandaveer 2,369]

8 hours ago, Daisy.Chain said:

You wrote "to help with our newborn son." The government considers that work (unpaid or not) and is not legal on a B2 visa. If USCIS finds out she could be in serious trouble. It's sad that caregiving is seen this way, but it is.

 

It's nit your definition of work, but that of USCIS that counts, unfortunately. 😢

She is an immediate relative of a USC so EVEN IF it counts as work it will cause no issues whatsoever if they file I-485 for her.

[WeGuyGal 1,052]

11 hours ago, M & J said:

She is not working. She is spending time with her new grandson along with the rest of the family. 

While it's normal and obviously acceptable to spend time with grandchilden, there is a train of thought that childcare is considered work.. because someone on a tourist visa is taking a job away from a daycare or a teenager. 

[CEE53147 559]

2 minutes ago, EM_Vandaveer said:

She is an immediate relative of a USC so EVEN IF it counts as work it will cause no issues whatsoever if they file I-485 for her.

 

So she starts her life in the US knowingly violating the rules. We have enough native born people who abuse the rules; we expect immigrants to be better than that.

Edited March 26, 2019 by CEE53147

[nullaccount234 882]

Just now, EM_Vandaveer said:

She is an immediate relative of a USC so EVEN IF it counts as work it will cause no issues whatsoever if they file I-485 for her.

True. Policy at the moment is to "overlook" illegal work by immediate relatives. I'd still strongly advise against it.

[EM_Vandaveer 2,369]

Just now, CEE53147 said:

 

So she starts her life in the US knowingly violating the rules. We have enough native born people who abuse the rules; we expect immigrant to be better than that.

OK then. BTW unless she was primary caretaker of the baby while both parents worked, she did not violate any rules....

[CEE53147 559]

A key question is whether all other adults in the household had jobs.  If so, granny was babysitting. 

[EM_Vandaveer 2,369]

Just now, LizM said:

True. Policy at the moment is to "overlook" illegal work by immediate relatives. I'd still strongly advise against it.

It has NOT been established that she worked, and she DIDN'T unless she was watching the baby while both parents worked.

[CEE53147 559]

I do not understand how people can leave their homes for months at a time for a "visit" to the US.  I am good for a couple of days and then I am ready to get back to my life. The longest I have ever been away after I had my own family was a month taking care of my father's estate after he died.  I had to do a lot of paperwork with files in his home and clearing out and packing up over 5000 sq ft of house where he had lived for over 30 years. I had to deal with his advisors in person which would have been hard from 500 miles away.

 

I find it amusing that people find caring for a newborn difficult.  Difficult is having a teenager or two or three or four. You spend your life in the car, grocery store (especially if you have boys!), and at work (necessary to  pay for all the food they eat).

Edited March 26, 2019 by CEE53147