Skip to main content

My mother surrendered her GC in 2010. She has a tourist visa now. Can we apply for adjustment of status when she is in US?

Chicago, IL |

I am a US Citizen. She had to surrender her greencard due to my fathers illness. He recently passed away and now we want her to come live with her kids in the US. Do we need to re-apply for a greencard all over again or can we apply for an adjustment of status for her?

Attorney Answers 4


Can your mother file for adjustment of status while in the US on a TOURIST visa?

The only way this would work would be if she lied at the airport on arrival.

Don't put her through this pain ... do it the right way. File an I-130 and have her get her immigrant visa at the US Consul back home.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

4 lawyers agree


You can use her previous approved i130 and file adjustment of status again

Mark as helpful

2 lawyers agree


You can do adjustment of status if she is in the U.S. This process is much faster (can take 4-6 months on average) than doing it through the consulate overseas.

Mark as helpful

1 lawyer agrees


It depends on a few details. I suggest you schedule a consultation with an attorney.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

Mark as helpful

1 lawyer agrees

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics