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B1/B2 adjusting to be US resident!

B1/B2 adjusting to be US resident!

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Old Sep 4th 2002, 11:22 pm
  #1  
Kaykay
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Default B1/B2 adjusting to be US resident!

Hi All,

My Mom is visiting US on family sponsor visa B1/B2. We are now want her to
stay with us.

What is the chance of adjusting her visa from B1/B2 to become a legal US resident?
What are the conditions and how long is the process take?

Note that we are US residents and will be soon interviewing to become US citizens in
this coming October.

Thanks for your advices!

Regards, Kn
 
Old Sep 4th 2002, 11:25 pm
  #2  
Stuart Brook
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Default Re: B1/B2 adjusting to be US resident!

KayKay wrote:
    > Hi All,
    > My Mom is visiting US on family sponsor visa B1/B2. We are now want her to stay
    > with us.
    > What is the chance of adjusting her visa from B1/B2 to become a legal US resident?
    > What are the conditions and how long is the process take?
    > Note that we are US residents and will be soon interviewing to become US citizens
    > in this coming October.
    > Thanks for your advices!
    > Regards, Kn

She can't technically adjust from B2 to PR. Although you can sponsor her, as
permanent residents, the wait would probably be 10 years or more. It will be faster
when you are citizens, but no way can you get her PR within the time frame of her B2
... not even CLOSE.
 
Old Sep 5th 2002, 2:26 am
  #3  
Aftonokla
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Default Re: B1/B2 adjusting to be US resident!

    >My Mom is visiting US on family sponsor visa B1/B2. We are now want her to
    >stay with us.
    >What is the chance of adjusting her visa from B1/B2 to become a legal US resident?
    >What are the conditions and how long is the process take?

Your chances are ZERO. That AOJ only applies to minor children and spouses.
 
Old Sep 5th 2002, 7:09 pm
  #4  
Sylvia Ottemoeller
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Default Re: B1/B2 adjusting to be US resident!

"KayKay" <[email protected]> wrote in message news:[email protected]
om
...

    > My Mom is visiting US on family sponsor visa B1/B2. We are now want her to stay
    > with us.
    > What is the chance of adjusting her visa from B1/B2 to become a legal US resident?
    > What are the conditions and how long is the process take?
    > Note that we are US residents and will be soon interviewing to become US citizens
    > in this coming October.

You cannot petition for your Mom until you are a citizen. If she is still in the
U.S. in valid B-2 status when you have become a citizen, and if at least 60 days have
passed since her entry to the U.S. in B-2 status, you and she can file Forms
I-130/I-485/I-765/I-131 simultaneously at the INS district office for your residence.
An interview will be scheduled some months later (see http://members.aol.com/MDUdall/instimes.htm for the usual
processing time in your district, if it is listed), and at the interview, if
everything goes well, she will become a permanent resident.

Your mother will be eligible in the immediate relative category, as a parent of a
U.S. citizen who is over 21 years old. See http://www.ins.usdoj.gov/graphics/services/residency/-
family.htm
, http://www.ins.usdoj.gov/graphics/howdoi/LPRApplication.htm.

By the way, there is another strategy for your mother's processing: first you file
the I-130 with the INS Service Center for your residence, and wait for approval (over
one year in some Service Centers). Then your mother arranges for an interview at the
consulate in her home country, which will take another 6 months or so. In the
meantime, she cannot enter the U.S. in B-2 status because her intent is clearly to
stay permanently. You would probably like the I-130/I-485 strategy better, if you
and your Mom can do
it.

For the I-130/I-485 process, it's important that INS does not believe that at the
time your Mom entered the U.S., she intended to become a U.S. permanent resident.
That is the reason for delaying for at least 60 days. Under normal circumstances,
this is not a very risky process. Just be very careful about the details. Either
that or hire a good immigration attorney to take care of everything for you.
 

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