Questions on Mom's Status and GC Application - Please suggest

[offerrp]

Hi
My mom was here from April 2011-Jul 2011. Left to India for 3 weeks ( family ceremony) and back here Aug 5 2011. Would like to apply for her GC. Questions

1. How long does it take for Mom's GC ? I am based off of MA.

2. Should I apply for AOS or GC ? If I do AOS, can she travel back in Dec 2011?

3. Her passport is expiring in Dec first week 2011. Should I renew her Passport before I apply for GC ?

4. HEr visitor visa is expiring April 2012. SHould I have to renew it before I do her GC ?

5. She will be returning back to India end of Dec 2011. If I apply her GC, Would this affect her trip anyway ? Can I apply for visitor visa after I apply for her GC ?

6. How long is she expected to stay here after I apply for her GC? Can she go to India?

7. Do you have a local attorney that I could meet with for these questions? I would like to apply myself if I can. But would be nice to have an attorney's opinion. Or Can I call during Rajiv's weekly conference call for this?


Please answer. Thank you for your time & help

Ninja

 

[Triple Citizen]

A1: Should take around 12 month, but see A2 below.
A2: Since there is clear indication to live in the US even before entering as a visitor, go wth the CP route and not AOS route.
A3: Yes
A4: See A2
A5: Once there is an I-130 for her in the system, renewing her B-2 visa and using her current B-2 visa both becomes very difficult to execute
A6: She can visit India but she needs to live in the US. After all, she wants permanent resident status right?
A7: http://aila.org

1. How long does it take for Mom's GC ? I am based off of MA.

2. Should I apply for AOS or GC ? If I do AOS, can she travel back in Dec 2011?

3. Her passport is expiring in Dec first week 2011. Should I renew her Passport before I apply for GC ?

4. HEr visitor visa is expiring April 2012. SHould I have to renew it before I do her GC ?

5. She will be returning back to India end of Dec 2011. If I apply her GC, Would this affect her trip anyway ? Can I apply for visitor visa after I apply for her GC ?

6. How long is she expected to stay here after I apply for her GC? Can she go to India?

7. Do you have a local attorney that I could meet with for these questions? I would like to apply myself if I can. But would be nice to have an attorney's opinion. Or Can I call during Rajiv's weekly conference call for this?

 

[offerrp]

Questions on Mom's Status and GC Application - Please suggest

Thank you so much for your time

A1: Should take around 12 month, but see A2 below.
A2: Since there is clear indication to live in the US even before entering as a visitor, go wth the CP route and not AOS route.
- Why do you say clear indication to live in US even before entering? She has visited here in the past over 4times with my dad and it was a 10yr visitor visa that she had got. Since my Dad in 2010, I am thinking it may be better for her to be here. I know that cannot be explained to USCIS. But just want to know why it would be seen as clear indication to live here.

And if I do Consular Processing, can she head back in Dec this year & can I apply for Visitor visa renewal? Or am I holding her up with staying in India until this CP is completed?

A3: Yes
A4: See A2
A5: Once there is an I-130 for her in the system, renewing her B-2 visa and using her current B-2 visa both becomes very difficult to execute
A6: She can visit India but she needs to live in the US. After all, she wants permanent resident status right?
- This was more about this year - After I apply for GC, can she travel this dec?


Thanks so much.

 

[Triple Citizen]

You have made it clear on a public forum that your mother is now intending to live in the US on a permanent basis. So the correct approach is for her to pursue the CP route. Had she entered the US with absolutely no intention of obtaining permanent resident status and then had a change of mind after entering the US, then AOS would be fine.
While going through CP processing, she may attempt to renew her visit visa, but she will most likely be denied.

Why do you say clear indication to live in US even before entering? She has visited here in the past over 4times with my dad and it was a 10yr visitor visa that she had got. Since my Dad in 2010, I am thinking it may be better for her to be here. I know that cannot be explained to USCIS. But just want to know why it would be seen as clear indication to live here.

And if I do Consular Processing, can she head back in Dec this year & can I apply for Visitor visa renewal? Or am I holding her up with staying in India until this CP is completed?