Noorah101

Yes, a B tourist visa must be applied for at the US Consulate in the home country. There's no way of knowing how long the tourst visa will be valid for (some are valid 1 year, some are 10 years), and there's no way of knowing how long he will be admitted to the USA for at the POE (some get 6 months, some get 1 month).

Getting the visa in hand is up to the Consular officer, getting admitted into the USA is up to the POE officer.

Rene

Noorah101

Be aware that if he comes on a tourist visa or VWP, he won't be able to help your husband in the business. He shouldn't even say he's coming to help you at home. Both of those are considered "work" in USCIS' eyes.

By the way, you keep talking about a 6-month tourist visa. Is he not eligible to use the VWP? Because if he IS eligible to use the VWP, it will be hard to get him a B tourist visa.

Rene

CAsunlover

Thanks everyone for the pointers, To answer your question, he is eligible for the VWP but that is only for 90m days.....
I contacted a lawyer and he told me, that I could start the paperwork here after he is in the country after 60 days, it would be adjusting his status?

I am just amazed that there are not specific rules for person dealing with this situation, or certain rules that apply..

Thanks again!

Manc

I don't know the answer to your immigration problems, but good luck and best wishes with your illness.

Noorah101

It is misuse of the VWP to come to the USA with the intent to remain and adjust status to permanent resident.

However, here are the published regulations on adjusting status in the USA: http://www.hpolatsek.com/html/immigr...s.php?topic=23

This part applies to you:

ELIGIBILITY INFORMATION:
Who May Apply to Become a Lawful Permanent Resident While in the United States?
You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.
Family Member
You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.
You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

The problem here is, he is NOT already in the USA. He would be coming to the USA specifically with the intent to adjust status, and that's a big no-no. It could possibly be enough to get his adjustment denied in the long run. Frankly I'm surprised your attorney recommended this route, at this point in time.

Rene

Rete

There is. It is called a Humantarian Visa. However, you son will not qualify for that has you are not alone, you have a husband, and he is not in a third world nation where the wait for a visa is long.

As for the lawyer's recommendation, I caution you against repeating this on a public forum. To enter the country with the express purpose of emigrating without first having the proper visa is considered intent to defraud. The 60 days the attorney is quoting does not apply to AOS within the confines of the US but to Consulate proceedings.