Q: My MIL has a tourist visa, her son my husband is now a US citizen can she stay here in USA while he petitions for her?
Can she stay in the USA while she is waiting for a green card, she has retired from her job and it will be a big help if she could stay with my son while I work thats why I ask. Can she have her status change.
A: In general the mother of a USC is an immediate relative and a visa is immediately available to her. She can adjust inside the USA. One word of caution is that she will need to be prepared to demon state that she entered the USA with a non immigrant visa and did not intend to immigrate. If she had immigration intentions when she entered the USA on a non immigrant visa she can be charges with misrepresentation or visa fraud.
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