How long before I can adjust my mother's status to a permanent resident? 6 Answers as of August 01, 2011

I am a US citizen and my mother is coming on a B2 tourist visa soon. I want to file I-130 and I-485 concurrently when she arrives. Am I or is she gonna get in trouble If I do it for her here in US. I have asked that question before online and somebody said I can get in big trouble if I do it. I am not sure if I am doing it but how can I prove that I or she had no intention to break the law? It doesn't sound wrong. She is entitled to that benefit anyway.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
I am curious to know who gave you that advice. For an immediate relative, preconceived intent may not be the sole reason to deny your case.
Answer Applies to: Nevada
Replied: 8/1/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
She is not going to be able to stay here. If you file the I130 and 485 together the 485 will be sent back until a visa is available, which will be several years. If USCIS thinks your mother entered on a tourist visa with intent to remain permanently she could be charged with fraud and permanently barred.
Answer Applies to: New Jersey
Replied: 7/28/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
Generally the law would punish people came to the US on a non-immigrant visa with"preconceived intent" to adjust status. However, immediate relatives of US citizens are generally exempted from this rule. File the petition after 60 days of her arrival will be safer.
Answer Applies to: California
Replied: 7/26/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You are asking Attorneys to help you circumvent immigration laws that is not what this site is here to do. You know that you are bringing her over to the U.S. to file immigrant papers; so you have the preconceived intent to commit fraud and then want Attorneys to assist you.
Answer Applies to: Florida
Replied: 7/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Only overstaying spouse will be forgiven and adjust status in US. She has to go back to her home country for consular interview. Yes, if she overstays, she will be banned from US for a certain period of time!
Answer Applies to: Florida
Replied: 7/25/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    You can't do that. It is immigrant intent and leads to a denial of her green card. Please use the consular processing option, where you first file the I-130 petition. Your mom can still visit but needs to leave on time and then wait for her interview at the consulate!
    Answer Applies to: California
    Replied: 7/25/2011
Click to View More Answers: