Timing of Medical Exam

dragon12345

Registered Users (C)
Dear all,

My mother is holding B1/2 visa and has entered US for 2 months. To apply for green card, I was told that I can only submit applications at least 3 months after her entry to US. But can I get the medical exam for her now? Will that affect her chance as this shows that she already has the intention to apply for GC even at 2months after her entry to US? Thanks a lot!
 
hi

Dear all,

My mother is holding B1/2 visa and has entered US for 2 months. To apply for green card, I was told that I can only submit applications at least 3 months after her entry to US. But can I get the medical exam for her now? Will that affect her chance as this shows that she already has the intention to apply for GC even at 2months after her entry to US? Thanks a lot!

hi,
how long is her I 94 valied?
 
It was improper for her to enter intending to AOS to a GC. You should have filed for CP! We are getting tired of people knowingly violating this regulation.
 
It was improper for her to enter intending to AOS to a GC. You should have filed for CP! We are getting tired of people knowingly violating this regulation.

Where is this regulation written? If parents were not eligible to file then USCIS forms should have indicated so. But they don't.
 
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this is the reason why uscis thinks twice before issuing non immigrant visas when applicants Immediate Relatives are residing in America.If people like you start using the loop hole and do AOS of immediate relatives after they enter America on non immigrant visa, probably soon the uscis would modify the rules and would make it a rule of thumb to deny any non immigrant visa petitions if their immediate relative resides in america.People like these should be stopped at the POE and sent back. The immigration should get affidavit from all the Immediate relatives that they would not try to adjust her status, another option is, there should be a bond, like a bail bond that has to be provided by the petitioner assuring that the potential immigrant will leave before the validity of the current visa ends and not over stay, if not let the govt have the money lets say a bond of $100,000. they could use it as additional funds to stop illegal border crossing activity.

Its actually people like the OP who thinks that they are so smart to identify the loophole in the system and take advantage/abuse it that other people have tough times.like genuine applications when your immediate relatives want to enter the country with no intentions of immigration gets rejected.
 
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If people like you start using the loop hole and do AOS of immediate relatives after they enter America on non immigrant visa, probably soon the uscis would modify the rules and would make it a rule of thumb to deny any non immigrant visa petitions if their immediate relative resides in america.

They already deny the vast majority of B1/B2 visa applicants who have a USC immediate relative in the US.

Probably what happened in the OP's case is that he/she became a USC after his/her mother's visa approval.
 
Over 30 percent of parents of US citizens getting green cards get it through adjusting status in the US. This has been the case for several years - refer to immigration statistics published by USCIS. There is no loophole that parents are using to sneek into US.
 
Over 30 percent of parents of US citizens getting green cards get it through adjusting status in the US.

But less than 30 percent of parents of US citizens who apply for B1/B2 visas get approved for it. The law is schizophrenic in this aspect. They'll deny visas because they suspect people will stay to immigrate, but after individuals manage to enter the US they'll usually approve the green cards if they actually do stay to immigrate.
 
what i suggest is a win-win for the UCIS. they should make all the temp visas with bonds attached. its returnable how ever expensive it is. and if the person does not leave the country in time, the bond can be used to hunt him down and get him deported. i tried for a b1/b2 for my wife, they rejected it, my would have just came here and left before the expiry and gotten her visa through CP. its actually these guys who take advantage of the system, that makes it tougher for everything else.

people like me might think about having the spouse do an AOS if she has successfully gotten herself a b1/b2 and arrives in america, but lets say there is a bond/security for the sum of 50k or a 100k, its kinda sure guarantee that she would return back to the country where she came from. they should do this for all the temp visa, like u over stay and the government .
forfeits the money, uses towerds hunting you down and gets u deported. so there is no overstay, and no one can fall out of status!

i would say its a brilliant idea... if i were in the house or senate i would push this forward. that way everyone who goes by the rule, and tries not to take advantage of the system loses and the people who do things ethically and by the book wins.

it actually does not make sense for the USCIS being lenient towards spouse of USC who had been out of status, the funny thing is if they wernt married to USC they might be deported or have a 3year or 10year ban when they come back. This way of my suggestion, the government forfeits their security deposit.

what do u think of the idea? just curious
 
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SHE CAN STAY FOR 6MTS AS HER I 94 STATES, Wait for 3 mts apply for I130 and I485 together, Just do them medical exam 10 days before you send in the I 130 an I 485. You should be all set. If she wants to go back to her country in 2 mts, do a CP. It takes only 6mts. Same time as AOS when you count the 3mts wait. I am doing CP for my dad in Chennai India, he has a 10ys B1/B2. His I130 got approved in 3 mts and i think 3 more months for rest of the process. Good luck
 
Thank you bigbull99!

She got medical exam 12 weeks after she entered US (so not 3 months.) Is that an issue? (I am worried and thinking if to let her get another exam...). How long did your father wait to get medical exam after entering US? Thanks a lot!
 
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