B2 and Adjustment of Status

[hariom]

Hi,
My mother is here in US from India on a B2 visa. Her 6 month stay expires in March 2013. I am wanting to apply for her Adjustment of Status and Green Card in the next month. However, at the same time, I wish to also apply for my father's B2 visa in the next few months. He will likely remain on B2 visa indefinitely.
1. What is better in terms of acceptance and denial issues, for both Adjustment of Status (mothers) and B2 issuance (father); To apply for my mother's AOS before or after applying for my father's B2 visa?
2. How long does it take to get the AOS for my mom so she can continue living in US, rather than having to go back to India when her stay expires?
3. What are the chances of getting AOS for my mother in the future if we choose to file for her B2 visa extension right now and then later on file for her AOS?

Thank you for your time,
hariom

[raghvi]

Hi,
My mother is here in US from India on a B2 visa. Her 6 month stay expires in March 2013. I am wanting to apply for her Adjustment of Status and Green Card in the next month. However, at the same time, I wish to also apply for my father's B2 visa in the next few months. He will likely remain on B2 visa indefinitely.
1. What is better in terms of acceptance and denial issues, for both Adjustment of Status (mothers) and B2 issuance (father); To apply for my mother's AOS before or after applying for my father's B2 visa?
2. How long does it take to get the AOS for my mom so she can continue living in US, rather than having to go back to India when her stay expires?
3. What are the chances of getting AOS for my mother in the future if we choose to file for her B2 visa extension right now and then later on file for her AOS?

Thank you for your time,
hariom

Entering on B2 with intent of AOS is illegal. If USCIS for some reason believe that B2 visitor lied at port entry of being a visitor but the intent was AOS the AOS might get denied. Now, intent, in both ways is very difficult to prove. One such indication would be to apply for AOS after B2 has been here for at least 3-4 Months. An immediate application fo AOS within a month of arrival might show only AOS intent.
1. It might prove difficult for your father to get B2 if your mother's AOS is applied as the intent of your father's B2 will no longer remain visitor but AOS once entering US in B2 as thats what was done by your mother, hence in my opinion, its better to apply and get father's B2 and then apply for AOS together for both father and mother.
2. No one can predict the tiem it will take but some indicatiosn can be got from :
3. Again, no one can predict the chances as intent of extension would again be questionable.

This is my opinion not legal advice.