Mom came on B2..Now she wants to stay

[togsonkaks 1]

Hello guys, I am so sorry to bother you but there is an issue currently bothering me in regards to my mum's stay here in the US. So, I am a citizen and she came on a B2 visa just to visit but now I want her to stay here with me in the US. I am a US citizen and I trying to see if there is a way I can put her on an immigrant package so that she gets to stay, live and work here.

- Kindly let me know if that is a good idea.
- What are the documents we need to fill and submit in order to petition for her?
- Can I also apply for a work permit while we waiting on the petition and how long does the work authorization takes?

Look forward to hearing from you.

Thanks a lot for all your efforts and help

[geowrian 22,335]

Guide:

 

Note that this guide is for a spouse in the US. The process for a parent is the same, except for the evidence to show the relationship - a birth certificate alone should suffice for a mother.

[SusieQQQ 11,584]

Bookmarking for next time a Nigerian complains their parents can’t get B visas to visit the US.

[togsonkaks 1]

14 minutes ago, SusieQQQ said:

Bookmarking for next time a Nigerian complains their parents can’t get B visas to visit the US.

so sweet of you.

[user555 196]

The maximum duration of stay on a B2 visa is 6 months. When it expires, she has to go back. You can apply for a 6 month extension, but the reason has to be really good. The relative visa (I-130) takes at least 12 months to process. She'll have to go back to her country at least once. I can't find the thread, but there was a lady on here that had a B2 and was visiting her fiancee in the States for 6 months, then returning to her country for 2 months, going to visit the US again for 6 months, but on her return for 2 months, the US contacted her and cancelled her B2 visa because she was trying to "live" in the States on it vs just visiting. You can get her a work permit once she has been approved for an I-130 in 12-16 months. If you find a company that is willing to sponsor her for a work visa, that's a different story. In your title, it says your mom wants to stay but in your post, it says you want her to stay. Which one is it?

Edited January 10, 2020 by user555
fixed spelling

[Crazy Cat 39,324]

5 hours ago, user555 said:

The maximum duration of stay on a B2 visa is 6 months. When it expires, she has to go back. You can apply for a 6 month extension, but the reason has to be really good. The relative visa (I-130) takes at least 12 months to process. She'll have to go back to her country at least once. I can't find the thread, but there was a lady on here that had a B2 and was visiting her fiancee in the States for 6 months, then returning to her country for 2 months, going to visit the US again for 6 months, but on her return for 2 months, the US contacted her and cancelled her B2 visa because she was trying to "live" in the States on it vs just visiting. You can get her a work permit once she has been approved for an I-130 in 12-16 months. If you find a company that is willing to sponsor her for a work visa, that's a different story. In your title, it says your mom wants to stay but in your post, it says you want her to stay. Which one is it?

She is already inside the US, and she is an immediate relative of a US citizen.  Your story is a totally different situation.  The OP's Mother would be granted "authorized stay" upon filing an I-485.

Edited January 10, 2020 by missileman

[user555 196]

The key word here is intent. When she was interviewed for the B2, her stated purpose was just to visit. A non-immigrant. Surprise! Now she wants to immigrate. Was that the true intention since the beginning? Will the US government scrutinize the AOS application? Yes. You can apply for anything you want and pay the fees. The government has the right to deny it. 

[patrick33 19]

I thought there was a period of authorized stay for applicants who file for adjustment of status (who are of course eligible to file for it), even for those who apply for it on B visas? 

 

 

[geowrian 22,335]

Once an I-485 packet is properly filed, the applicant is granted a period of authorized stay while the case is pending.

[SusieQQQ 11,584]

3 hours ago, user555 said:

The key word here is intent. When she was interviewed for the B2, her stated purpose was just to visit. A non-immigrant. Surprise! Now she wants to immigrate. Was that the true intention since the beginning? Will the US government scrutinize the AOS application? Yes. You can apply for anything you want and pay the fees. The government has the right to deny it. 

But they won’t deny it,because immediate relatives of usc get forgiven all sorts of things all other immigrants are penalized for. This is part of the reason parents and spouses of usc often find difficulty getting b visas, and of course it gets even harder for the next applicants the more this actually happens, like in this case. Tourist visa forum is full of sob stories about nasty consular officials denying visas, but the reason is people like this. 

[JFH 12,189]

Posting for a friend? 2.5 years ago you were still at the NVC for your CR-1. Now you’re a USC? 

[Just Paul 4,591]

Can you confirm you are a US Citizen?   Your timeline and status seems off.

[SalishSea 16,803]

Radio silence...

[Amadia 711]

10 hours ago, togsonkaks said:

So, I am a citizen and she came on a B2 visa just to visit but now I want her to stay here with me in the US. 

Your thread title states: Mom came on B2..Now she wants to stay 

 

So which is it?

[Sparkle Sparkle 913]

11 hours ago, SusieQQQ said:

Bookmarking for next time a Nigerian complains their parents can’t get B visas to visit the US.

Savage