My mom has been a US permanent resident until 2011 when she moved back to Poland. She abandoned her status then. In 2022 she applied for a tourist visa and arrived in the US. Her husband is a US citizen and resides in the US. Can she apply for an adjustment of status? Does she need to stay in the US for the whole adjustment of status process?
Has she overstayed the period of admission granted in 2022? If so, by how long?– phoogDec 29, 2022 at 22:25
If she wants to stay in the US till she gets her greencard, she should apply for adjustment of status. If she wants to come and go till she gets the greencard, then she should opt for consular processing and apply for an immigrant visa in Poland and use her tourist visa to travel to the US for temporary trips and move to the US once the immigrant visa is granted.
If she applies for adjustment of status and leaves the US, the application would be deemed abandoned unless she obtains an advance parole before leaving. Because once she leaves the US, there is no status in the US "to adjust". Also, an application for adjustment of status doesn't legalize the applicant's status while they wait.
You can get the details about the immigrant visa here:
1Note that there is no guarantee that she will be allowed into the US as a tourist in future trips. At each entry, the officer needs to be convinced that she will not leave at the end of her stay, and a pending immigration case might be a factor in that determination. Dec 29, 2022 at 0:45
1@user102008 don't you mean "convinced that she will leave"?– phoogDec 29, 2022 at 22:23
1@phoog: Yup, sorry Dec 30, 2022 at 2:28