GC for parent

E

eyle

Member
Hello!

I am going to sponsor my mother for GC. She has been visiting since 1996 and never overstayed. Her last entry was last October. She was permitted to stay in the country for 6 months. Before she left, I had a huge accident and was not able to care for myself or for my daughter so we asked for an extension for her stay. We were granted another 6 months. Now that I am an American citizen, I want to get her a GC. Her 1-94 is going to expire soon. My question is, does she have to leave if the file is in before the expiration date? I plan to file another extension but what happens if she is denied... I thank you in advance for your responses.
 
and she won't be illegal? Will she not have hard time during the interview here in the US? Thank you!
 
Once the AOS is submitted, the I-94 expiry date will hold no relevance for someone on B-2 status. The only possibility of her being given a hard time at the AOS interview is if the adjudicator accuses her of fraud/misrepresentation.


Anexis said:
and she won't be illegal? Will she not have hard time during the interview here in the US? Thank you!
Click to expand...
 
File for her. If you are having health issues, it will be worth the money to have an attorney consultation and review of the paperwork before filing to minimize the stress that you are under.
 
That's why I got so confused to begin with! The attorney I am supposed to hire tomorrow told me, over the phone (during our initial meeting) that filing for a parent was different than filing for a spouse so my mother would have to leave once the I-94 expired...
 
Do not hire this attorney!

Anexis said:
The attorney I am supposed to hire tomorrow told me, over the phone (during our initial meeting) that filing for a parent was different than filing for a spouse so my mother would have to leave once the I-94 expired...
Click to expand...
 
She will not be granted an extension of her visitor status. Once they grant a 6-month extension after the original 6 months, they won't grant another one.

Were you still a permanent resident when you spoke to that attorney? If yes, maybe that is what they were thinking of ... with you as a permanent resident, she would have to leave the US when her I-94 expires and wait for you to become a citizen.
 
No, I spoke to him last week and I was not a GC holder... Do you know any attorneys in Long Island, NY area?

Thank you all for your responses...
 
Now, I know I shouldn't. I won't... But time is running and I need to find an attorney. I don't want to do this by myself...
 
You don't need an attorney. Just hurry up and file her I-130, I-485 and associated papers ASAP. Once those are filed, she won't have to leave unless the application is denied.
 
Why do you need an attorney anyway? If your mom never violated anything it'll be really easy for her and very straightforward to file. Only if she (not YOU) has health issues - that could be a problem.
 
I guess I didn't want to make a mistake. Missing supporting documents, which file goes to which address, do we have to wait for the health report, can I send it after or should it be a part of the original filing, translations, do I send the originals or copies of tax returns,etc...
 
All those questions are spelled out on the instructions to the forms. If you prefer not to read them carefully for any reason, hire a lawyer.
You do not need a LI, as the immigration law is federal.
 
Look at the AILA website to locate immigration law specialists. They can be anywhere in the US although if you live in even a moderately sized city, you will be able to find one. Look for a specialist in family (as opposed to employment) immigration. Most multi attorney immigration law firms should have someone with the proper credentials to assist you.

If you are a citizen, an immediate relative - ie parent or spouse or some children, has benefits not avaiable to others.
 
See the GC for parents thread.

If after reading that thread and doing other research (including asking questions here) you are still not comfortable with doing the paperwork yourself, you don't need to hand over the whole thing to a lawyer. You can prepare the papers yourself based on your limited understanding, then arrange for a one-time consultation with a lawyer to review the paperwork and answer outstanding questions.

Make sure your mother does not leave the US until she has Advance Parole or a green card in hand, because leaving without that may force her to remain outside the US until the green card is approved at a consulate.
 
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