Tourist Visa - Simple Question

[beatbaba 8]

6 hours ago, ElDiablo said:

Agreed. Wish there was a way to flag up people like the OP who are so selfish and think they are above the rules. His mum doesn't deserve to have a B2.

How could you conclude ? I am just asking for opinion and legal way so that she can stay longer ..  Anyways, thanks for response  

7 hours ago, Paul & Mary said:

You are flirting with disaster here.   You have to file the I-130 first.  She can't come here to take care of her grandchild.  That is work and a violation of the B2 visa she has. 

 

She cannot enter the US with the intention of adjusting - that is fraud.

Thanks Paul .. got your point 

[Timona 3,931]

23 minutes ago, jbn121 said:

No, Feb 2019 is already over. And she can't live in US on tourist visa. She won't get a new visa and come back that soon.

 

Also, do you realize what month and year is now? It's 2019, August. Just in case you don't know.

Thank goodness I was not the only one confused...

[JeanneAdil 6,190]

8 hours ago, beatbaba said:

** My Mother is in US with me and she entered on Tourist visa , here is the scenario 

1. Her 6 month stay will end Feb 2019

2. Her Visa expires Apr 2019

3. I am expecting to finish N-400 process by Feb 2019

4. I want her to stay here for longer ... 

 

what are my options ??  .. 

 

A. Renew B2 (Can this be done when she is in US

B. Extend B2 stay for 6 month (If visa expires Apr 2019.. is this even feasible )

c. Apply for Green Card - Adjustment of status (Not sure how to do this -- )

 

Please help thanks ...

You are banking on too much here for the naturalization process with oath to be done on "your schedule"

Nashville is 12.5 to 16 months to interview and you applied in March 13, 2019 

and then there is the wait for the oath ceremony after the interview.

 

the site to check processing times for N 400 is:

https://egov.uscis.gov/processing-times/

 

and as that site says "receipt date for an inquiry is May 16, 2019 so you are not even in the time frame yet to inquiry about your naturalization 

 

Take the advice given from all those who say "she must return home and renew the visa" but this is not to come and adjust status here

If you want to apply the I 130 for her,  wait till you are a citizen and do it correctly 

[jbn121 15]

24 minutes ago, beatbaba said:

How could you conclude ? I am just asking for opinion and legal way so that she can stay longer ..  Anyways, thanks for response  

It's very simple to conclude, based on your answers. The way you ask questions - that shows the full picture of why she came.

Maybe you still don't understand, but again -- the only legal way here is that she returns to her country and renews her visa. Or she returns home and you wait for your citizenship (if you even get one) and file I-130 for her, which will take about 1.5 years.

These are the ONLY legal ways for her. There's no other way that she can stay. She -- in fact -- CAN'T stay at all as a tourist, she must return home -- this is what she promised when she obtained her tourist visa. There are no shortcuts. Don't be greedy, don't cheat the system, don't try to be smarter than others. Don't get yourself into trouble. If she stays here, overstays her visa and somehow does AOS -- you will be punished for that in the future, it's 100%. It's how the system works. If she stays it means she lied during her interview on the purpose of her trip -- does she want to be considered a liar? I guess not.

[gbhj 27]

heres a thought why not keep this trip a short one, she goes back and re-applies for a tourist visa ..

 

since she will leave US with a short visit trip and return before anything expires this will show the VO that she has returned and not at risk of AOS/with immigrant intent. Consequently, this might increase her chance for a B2 visa... Since her country is india the B2 visa will in most likely be for 10 years and that will solve everything and then you can take your time with your future course of action. Just DO NOT go for a way around with any information or documents you give to USCIS or in DS 160. Remember a ban of 10 years is a big possibility .

[Russ&Caro 1,548]

17 hours ago, beatbaba said:

what are my options ??  .. 

A. Renew B2 (Can this be done when she is in US

B. Extend B2 stay for 6 month (If visa expires Apr 2019.. is this even feasible )

c. Apply for Green Card - Adjustment of status (Not sure how to do this -- )

 

13 hours ago, geowrian said:

If you naturalize before her I-94 expires, then she can do AOS.

You can pretty much count on geowrian to give you the straight legal options, and this is it.

 

If you go through the interview and oath ceremony prior to the 6 month limit of her stay, then you can do AOS. If not, she needs to travel home. Pretty simple.

 

A quick scan of the September 2018 N400 filers reveals a Nashville member who had his interview in July, although he doesn't say in any subsequent post if he received his oath ceremony notice yet. So that's about an 11 month timeline similar to what you're aiming for. So it might happen. Good luck.

[SalishSea 16,747]

16 hours ago, HRQX said:

Yes. Per the INA, parents of USC that are age 21 or older are Immediate Relatives. Immediate Relatives aren't subject to certain bars to adjustment: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Except that by that time she will be back in India, and he will have to go about it the right way and petition her.

[HRQX 4,145]

1 hour ago, Jorgedig said:

Except that by that time she will be back in India...

I don't have a crystal ball, but there is a slight chance the timeline will line up:

2 hours ago, Russ&Caro said:

A quick scan of the September 2018 N400 filers reveals a Nashville member who had his interview in July, although he doesn't say in any subsequent post if he received his oath ceremony notice yet. So that's about an 11 month timeline similar to what you're aiming for. So it might happen.

 

[SusieQQQ 11,584]

19 hours ago, Russ&Caro said:

 

If you go through the interview and oath ceremony prior to the 6 month limit of her stay, then you can do AOS. If not, she needs to travel home. Pretty simple.

 

A quick scan of the September 2018 N400 filers reveals a Nashville member who had his interview in July, although he doesn't say in any subsequent post if he received his oath ceremony notice yet. So that's about an 11 month timeline similar to what you're aiming for. So it might happen. Good luck.

Just came across these from the last couple of days .... doesn’t look like Nashville is too quick to move from interview to oath. OP has not explained on what basis he is expecting to be done by February - whether that is interview or oath, and how he calculated it.

 

On 8/28/2019 at 7:04 PM, mereal said:

Mine is Nashville and I’m still waiting for my oath.. had my interview in July 

 

19 hours ago, Toya1708 said:

Hi. My field office is in Nashville as well. ...I did my interview July 23rd... my oath ceremony is September 20th.

 

 

Edited August 30, 2019 by SusieQQQ

[Rose711 35]

I had no idea - like it seems a lot of people did in this thread- that if the OP becomes a citizen during the visit then the visiting mother could adjust status while here on a tourist visa. It makes sense under the law, I just hadn’t seen that scenario presented.

 

Good luck! I hope the timing works out for you!

 

 

[HRQX 4,145]

4 hours ago, Rose711 said:

I hope the timing works out for you!

Yup. Otherwise, technicalities come into play; "If she overstays to..." part:

"There are cases of it being disclosed and naturalization being approved so that is definitely on the table too."

If after properly disclosing the 8 U.S. Code § 1324 harboring OP's naturalization is still approved, then his mother becomes an Immediate Relative per the INA and is then eligible to adjust status: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 "An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:" "The applicant is not in lawful immigration status on the date he or she files the adjustment application; The applicant has ever failed to continuously maintain a lawful status since entry into the United States;"