duravit

Seems I was wrong. She will go through consular processing. 

4 minutes ago, Luckycuds said:

I think you are not understanding. Most people here want to help you. If she is “on” a B visa then she must be in the USA now and she can adjust status. If she has a B visa, but is not currently in the USA, then there is no adjusting. If you plan on her coming to the USA on her B visa and her then adjusting status- that is fraud because she is coming in with immigrant “intent” and not to “visit”.

Her intention is to VISIT, like she's done every year for the past eight years.

21 minutes ago, geowrian said:

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.

Yes, there's no time limit across multiple visits. But a person cannot stay more than 6 months during a visit. When renewing a B visa, there's actually a question in the online application that asks specifically if you've stayed more than 6 months in the US. That's enough grounds to deny the visa renewal.

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. 

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"

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. 

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.

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

On 10/14/2019 at 7:57 PM, JeanF said:

Congratulations!

Thanks!

Hello Guys, 

I am finally an American citizen and it feels amazing. I my N400 application got approved last week Monday. The interview was easy and the lady who interviewed me was super nice. I wish y'all good luck!

God bless America!!

A competent immigration lawyer can help you