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jxs832

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    AOS for mother of US citizen under VWP

    in Bringing Family Members of US Citizens to America

    Posted

    I am looking at the document now, and unless I am not understanding this right, it says it can be done.

    "INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a

    person admitted for permanent residence. This provision, however, includes an exception for
    immediate relatives of U.S. citizens. Thus, an individual admitted under the VWP who is also an
    immediate relative is not precluded from seeking adjustment of status, even after the VWP period
    has expired."
    I am not trying to start an argument, just trying to really understand the law.
    Here is the link:

    AOS for mother of US citizen under VWP

    in Bringing Family Members of US Citizens to America

    Posted

    Hi,

    I am planning on helping my mom move to the US in the next few months. I am a US citizen by birth and my mom is a naturalized Dutch citizen. She will be coming in two months under the VWP. I was told these are the forms we need to file and we can file them all at once as soon as she gets here. Is this correct?

    I-130, I-485, I-693, I-864, I-765, I-131

    I do know I need to file some other forms that as part of the ones I mentioned above. I will be posting a final checklist once I have gathered everything. I have a few questions though.

    Will it be a problem since she will be under the VWP? If not, do we need to file everything before the 90 days? What will happen if we don't hear back before the 90 days are over? Will she have to go back?

    Most of the forms ask for either a visa number or an alien number. Is this the ESTA number? What should I put in here?

    Thank you in advance for all your help!

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