Adjustment of Status for Tourist Visa Holder

[duravit 6]

Hello All,

 

I recently became a US citizen and I want to file Form I-130 for my mother who is currently on a B1/B2 visa. However, she's NOT in the United States at the moment. Does she still need to adjust her status even though she's in another country right now?

 

Thanks

[arken 4,197]

She goes thru consular processing not adjustment of status, so simply file i130 only and not the i485.

[USS_Voyager 1,971]

Follow the correct guide:

 

https://www.visajourney.com/content/guides/

[Boiler 43,433]

She can not be currently on a B and not in the US, I assume that she is not in the US and will process at the local Consulate.

[duravit 6]

2 hours ago, USS_Voyager said:

Follow the correct guide:

 

https://www.visajourney.com/content/guides/

I'll prefer she file for an adjustment concurrently with the petition . So I guess she'll have to come over to the US to begin the process. 

 

Thanks for your response.

[aaron2020 11,651]

1 minute ago, elaw2k2 said:

I'll prefer she file for an adjustment concurrently with the petition . So I guess she'll have to come over to the US to begin the process. 

 

Thanks for your response.

It's immigration fraud to use a nonimmigrant visitor visa to enter the US with the intent to adjust status.  

[Boiler 43,433]

5 minutes ago, elaw2k2 said:

I'll prefer she file for an adjustment concurrently with the petition . So I guess she'll have to come over to the US to begin the process. 

 

Thanks for your response.

So when she enters and is asked the purpose of her visit she will say Immigrating?

[duravit 6]

2 hours ago, Boiler said:

She can not be currently on a B and not in the US, I assume that she is not in the US and will process at the local Consulate.

Just to clarify; a person can be on a B visa and not be in the US. A person who's on a Tourist/Business visa cannot stay in the US for longer than 6 months within a 12 months period, which implies that you'll have to be outside US for the other half of the year so as not to violate terms of the visa. 

[USS_Voyager 1,971]

7 minutes ago, elaw2k2 said:

I'll prefer she file for an adjustment concurrently with the petition . So I guess she'll have to come over to the US to begin the process. 

 

Thanks for your response.

No, you can't do that. You cannot use a visitor visa to enter with intent to adjust status. 

[Boiler 43,433]

3 minutes ago, elaw2k2 said:

Just to clarify; a person can be on a B visa and not be in the US. A person who's on a Tourist/Business visa cannot stay in the US for longer than 6 months within a 12 months period, which implies that you'll have to be outside US for the other half of the year so as not to violate terms of the visa. 

I think we have a language issue.

 

And there is no set time period someone can spend using a B Visa in the US in any given year. Each entry is up to the POE. 

[Unlockable 7,306]

17 minutes ago, elaw2k2 said:

I'll prefer she file for an adjustment concurrently with the petition . So I guess she'll have to come over to the US to begin the process. 

 

Thanks for your response.

Hi @elaw2k2.

 

Please heed the advice of the other members and do not commit fraud. It is fraud to intentionally use a visitor visa to come over and adjust. A visitor visa is only used for visiting, not immigrating. As others have stated, you can still file for your mother, but she must use her visitor visa accordingly.

[duravit 6]

5 minutes ago, Boiler said:

I think we have a language issue.

 

And there is no set time period someone can spend using a B Visa in the US in any given year. Each entry is up to the POE. 

Please Google "months on a b1/b2 visa"

 

 

[SalishSea 16,770]

29 minutes ago, elaw2k2 said:

I'll prefer she file for an adjustment concurrently with the petition . So I guess she'll have to come over to the US to begin the process. 

 

Thanks for your response.

FRAUD.

[geowrian 22,335]

13 minutes ago, elaw2k2 said:

Please Google "months on a b1/b2 visa"

After that, search the INA (an official source). There is no hard time limit in the US other than what they are given via their I-94 (provided upon entry). This is typically 6 months but can theoretically be anywhere from 1 day up to 1 year.

That said, there is no time limit across multiple visits. There are certainly issues it raises such as tax consequences, benefit coverage back home, and risk of being denied entry for living in the US. It's not advisable to spend over 6 months in the US over a year, but there is nothing actually prohibiting it either.

 

Edit: And you cannot be "on" a B visa and not in the US. Status is conferred upon entry and terminates when you exit. She can hold a B visa at any time, sure, but not B status unless in the country.

 

Do not use a tourist visa to file for Adjustment Of Status. As others noted, this is fraud. See INA 212(a)(7)(A)(i)(i). She could be denied entry or even issued an expedited deportation (and 5 year bar that comes with it) for attempting this.

Edited November 12, 2019 by geowrian

[duravit 6]

 

Since she's on a B visa, therefore she has the option to start her process while she's on a visit to the USA. An adjustment of status is just that; an adjustment from a nonimmigrant status (B visa in this case) to a permanent resident status.

 

You need to check the facts of the case before jumping on the "fraud" bandwagon.