Green card for My Mother with no AOS/COS/EOS notation on I-94

[mnsri]

Hi

This is regarding application of green card for my mother. My dad die recently in India, my mom is with me on Visitor Visa now for 3 months.

I was misleaded by the custom officer at Dulles Airport , he asked me a question if i will be applying green card for my mother . I being a citizen of US mentioned honestly that i would apply for her green card next time , not this visit as next year as my mom need to be in India anyways for preparations for 1 year ceremony for my father.

Later during second custom officer question our intention he gave 3 month stay (ending May 27) and wrote on he I-94 that she cannot do AOS(adjustment of status) , extension of stay.

This whole ordeal led to me to think that USCIS website clearly says we can apply for parents Green card while they are n US , so what's wrong in my case when i was honest that i will apply for green card for my mom, she being in this difficult situation with lot of grief of my dad passing away.

Can you help me with this situation, should i apply for her AOS while she is here, is that a wise decision ?

[JoeF]

A visitor has to declare the intentions at the POE.

Entering as visitor and soon after filing for a GC is immigration fraud.

There is of course no problem filing an I-130 and going for consular processing. She would get an immigrant visa at the consulate.