I am a U.S. citizen. My mother entered on her tourist visa a few months ago. She was planning on returning home, but I’m trying to convince her to stay in the U.S. If she agrees, can I sponsor her for a green card now? Or would she have to go back to India for me to sponsor her?

Answer

A person cannot enter the U.S. on a B-1/B-2 visa with the intention of applying for adjustment of status (i.e., applying for a green card from within the United States). If, however, the person does not form the intention of applying for a green card until after she is admitted in B-1/B-2 status, then yes, it typically is possible for a U.S. citizen who is at least 21 years old to sponsor a parent for a green card. Normally, this may be done without the parent having to leave the U.S. (26.Jun.2024)

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