Changing "Apply for an immigrant visa abroad" to "Apply for AOS in US"

[shahin717]

Hello,

Somebody please answer this following question.

I applied for my mother I-130 5 months ago and I chose beneficiary will apply for immigration visa abroad back then. I am expecting I-130 approval within a month or so. She has a visitor visa already and for some family reason I need her here now. Can she come in US as a visitor and then I can adjust her status once she is here with an approved I-130?

Thanks whoever answers.

[newacct]

Hello,

Somebody please answer this following question.

I applied for my mother I-130 5 months ago and I chose beneficiary will apply for immigration visa abroad back then. I am expecting I-130 approval within a month or so. She has a visitor visa already and for some family reason I need her here now. Can she come in US as a visitor and then I can adjust her status once she is here with an approved I-130?

Thanks whoever answers.

To change from CP to AOS just file I-485 for AOS when eligible, and USCIS will take care of getting the petition back. In fact, in her category she doesn't even need to wait for I-130 approval to file I-485.

However, she should not enter the US with a visitor visa with intent to file AOS during that stay.

[shahin717]

Thanks Newacct