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Dear all,
My mother is holding a 10 year multiple entries B1/B2 visa. This was applied almost 10 years ago and about to expire. Since I become a citizen, I try to do AOS for her before her visa expires. I have been told that to apply for AOS, I should wait 3 months after her entry to US. Otherwise, they will suspect she had the intention to immigrate long before and that violates the rules. My questions are:
1) Which rules she will violate? I try to google but cannot find anything. Does it refer to that when she applied for visitor visa, she has "checked" a box in the application form (or something like that) claiming that she had no intention to immigrate?
2) If in 1), it does refer to the time she applied for visa, it is already 10 years ago, can they still claim that she violates the rules? In fact, she didn't have intention to immigrate 10 years ago and in the first 7 years she had only visited US twice and each time 2 weeks. It is only after I have a baby, she comes more frequently in the last 3 years. And she only has the intention to immigrate last year.
3) For those who do "violate the rules", will be application be rejected right away after submission or rejected after interview?
So, if my understanding of 1) and 2) are correct, then does it mean that I don't have to wait for 3 months after her entry to US? (She already waited for 3 months. But I want to understand more so that I know better how to response to the questions in the forms)
Thanks a lot!
My mother is holding a 10 year multiple entries B1/B2 visa. This was applied almost 10 years ago and about to expire. Since I become a citizen, I try to do AOS for her before her visa expires. I have been told that to apply for AOS, I should wait 3 months after her entry to US. Otherwise, they will suspect she had the intention to immigrate long before and that violates the rules. My questions are:
1) Which rules she will violate? I try to google but cannot find anything. Does it refer to that when she applied for visitor visa, she has "checked" a box in the application form (or something like that) claiming that she had no intention to immigrate?
2) If in 1), it does refer to the time she applied for visa, it is already 10 years ago, can they still claim that she violates the rules? In fact, she didn't have intention to immigrate 10 years ago and in the first 7 years she had only visited US twice and each time 2 weeks. It is only after I have a baby, she comes more frequently in the last 3 years. And she only has the intention to immigrate last year.
3) For those who do "violate the rules", will be application be rejected right away after submission or rejected after interview?
So, if my understanding of 1) and 2) are correct, then does it mean that I don't have to wait for 3 months after her entry to US? (She already waited for 3 months. But I want to understand more so that I know better how to response to the questions in the forms)
Thanks a lot!
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