Applying for my Mom's GC

S

ssk1974

Registered Users (C)
Hi All, I have few questions in regards to my mom's GC application. I am a US citizen and planning to apply for my mom's GC.

1. My mom will be visiting me by end of september, if I apply for her GC now can she still travel here(to the US) on the visitor Visa?

2. What is advisable, to apply for her GC after she gets here(Pros and cons) or before she gets here(Pros and cons)?

3. If my mom decides to go back and stay in India for a while, and if her GC status runs out(I assume she cannot be out of US for more than 6months) - Can she still use the 10 year visitor visa to come to teh US or does that get void after she gets her GC?

4. IF for any reason her GC gets denied, is her Visitor Visa still valid?

Thank you all.
 
A1: With an I-130 in the works, she can still attempt to visit you. She should just be prepared for being denied entry and turned away at the airport.
A2: My advise would be to go throug the CP route.
A3: Assuming she has GC status and wants to abandon it, she can file I-407 at the consulate and then use her B-2 multiple entry visa.
A4: Why do you think it will be denied?

ssk1974 said:
1. My mom will be visiting me by end of september, if I apply for her GC now can she still travel here(to the US) on the visitor Visa?

2. What is advisable, to apply for her GC after she gets here(Pros and cons) or before she gets here(Pros and cons)?

3. If my mom decides to go back and stay in India for a while, and if her GC status runs out(I assume she cannot be out of US for more than 6months) - Can she still use the 10 year visitor visa to come to teh US or does that get void after she gets her GC?

4. IF for any reason her GC gets denied, is her Visitor Visa still valid?
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Thanks Triplecitizen

Triple Citizen said:
A1: With an I-130 in the works, she can still attempt to visit you. She should just be prepared for being denied entry and turned away at the airport.
A2: My advise would be to go throug the CP route.
A3: Assuming she has GC status and wants to abandon it, she can file I-407 at the consulate and then use her B-2 multiple entry visa.
A4: Why do you think it will be denied?
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Reg A3: Is it the same B2 visa, she currently has or does she have to apply a new visa?

Reg A4: No reason, I want to be prepared for different scenarios.

One more question, Can I apply for an extension of stay during her first visit, will that affect any of her future visits?

Thank you.
 
File the I-130 after she arrives in the US so she won't be hassled about it at the airport. Then after completing her visit she can go back to her country and wait to be interviewed at the consulate (if consular processing was specified on the I-130).
3. If my mom decides to go back and stay in India for a while, and if her GC status runs out(I assume she cannot be out of US for more than 6months) - Can she still use the 10 year visitor visa to come to teh US or does that get void after she gets her GC?
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The visa is voided when she gets a GC. But she can file I-407 to officially surrender the GC, and reapply for a B-2.
 
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Thanks Jackolantern

Jackolantern said:
File the I-130 after she arrives in the US so she won't be hassled about it at the airport. Then after completing her visit she can go back to her country and wait to be interviewed at the consulate (if consular processing was specified on the I-130).

The visa is voided when she gets a GC. But she can file I-407 to officially surrender the GC, and reapply for a B-2.
Click to expand...

If I apply for her GC the day she lands here and if it is a six month validity, what are her chances of getting teh GC before the 6 month expiry(non CP), also can I apply for an extension of stay when her GC is being processed.

Can I apply for an extension of stay during her first visit, will that affect any of her future visits?

Thank you all.
 
ssk1974 said:
If I apply for her GC the day she lands here and if it is a six month validity, what are her chances of getting teh GC before the 6 month expiry(non CP), also can I apply for an extension of stay when her GC is being processed.

Can I apply for an extension of stay during her first visit, will that affect any of her future visits?

Thank you all.
Click to expand...

File for your mom's GC (I-130/I-485 Concurrent) about a couple of weeks after she comes here to the U.S. Once the I-485 is filed she would not need to apply for extension since she is in legal status as long as I-485 is pending or GC is approved.

You have a very good chance to getting GC approved in less than 6 months.
 
Thanks Nav102 and Triplecitizen

Triplecitizen,

Do you think it is a badmove to apply the day she is here, or do you think it is a bad move to apply for her GC, when she is in the US on a visitor visa?

Thank you.
 
Applying for AOS the day she gets here on B-2 status will surely raise a multitude of red flags at her AOS interview.

ssk1974 said:
Do you think it is a badmove to apply the day she is here
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I always advocate going the CP route, specially when the intent to immigrate exists before the visitor enters the US.

ssk1974 said:
do you think it is a bad move to apply for her GC, when she is in the US on a visitor visa?
Click to expand...
 
ssk1974 said:
Do you think it is a badmove to apply the day she is here, or do you think it is a bad move to apply for her GC, when she is in the US on a visitor visa?
Click to expand...
If the CP option is chosen, there is no problem if the I-130 is filed the same day she arrives, because with CP she is not going to immigrate on the same trip. But it would be a bad move to apply so fast if the AOS route is chosen.
 
Thank you - Triplecitizen, Jackolantern, Nav102

You all have been very helpful.

After the discussions, this is what I have decided.

For now my mom visits US on a visitor visa. After couple months I will apply for her GC as CP. She can go back to India and go for consular processing.
 
I Have couple more questions

1. Can I book an open return ticket for my mom, will that rise a red flag at the port of entry.

2. Once my mom is here, I am planning on applying for her GC after two months, can I still apply for her extension of stay on her visitor visa when I have applied for her GC.

Your help is much appreciated.
 
A1: I would always advise visitors to enter the US with a return ticket. If the departure date is open, it is possible that some POE officer may quiz the entry applicant on that.
A2: Yes you may apply for an I-539. Make sure the reason is justified. Ideally I-539s for B-2 extensions should be for life/death emergencies only.


ssk1974 said:
1. Can I book an open return ticket for my mom, will that rise a red flag at the port of entry.

2. Once my mom is here, I am planning on applying for her GC after two months, can I still apply for her extension of stay on her visitor visa when I have applied for her GC.
Click to expand...
 
Thanks Triplecitizen

One more question.

Is the I-94 validity for 180 days exact or 6 months. I booked tickets for my mom from Sep 23rd'2009 to March 23rd'2010. Calculating the total days it comes to 181 days. Would that be an issue at Port of Entry?
 
ssk1974 said:
1. Can I book an open return ticket for my mom, will that rise a red flag at the port of entry.
Click to expand...
As long as it's a return ticket it should be OK.
2. Once my mom is here, I am planning on applying for her GC after two months, can I still apply for her extension of stay on her visitor visa when I have applied for her GC.
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If you choose consular processing there is no need to wait for 2 months after her arrival, except that if you apply early she may have to cut the trip short to leave the US so she can go to the consulate.

Once the immigration petition has been filed, I don't think she will be able to extend her visitor's visa after that, because of the immigrant intent issue. With or without the green card issue, you shouldn't count on her getting an extension after staying 6 months.
Is the I-94 validity for 180 days exact or 6 months. I booked tickets for my mom from Sep 23rd'2009 to March 23rd'2010. Calculating the total days it comes to 181 days. Would that be an issue at Port of Entry?
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It is normally 6 months. But that includes both the arrival date and end date, so the end date would be one calendar day less. So in your example, if she arrives on September 23 the end date would be March 22. And it is a bad idea to book the dates so exact, because if you cut it so close a canceled flight or some other circumstance could make her overstay.
 
Thanks Jackolantern

Approximately how long does it take from the date of application to Consulate processing in Chennai, India? I understand it would differ from case to case basis, but just need a ballpark figure.
 
ssk1974 said:
For now my mom visits US on a visitor visa. After couple months I will apply for her GC as CP. She can go back to India and go for consular processing.
Click to expand...

There is no wait period to apply for GC once the parents are in U.S as they fall under the immediate relative category. I have applied for my parents in less than 3 weeks after they came to the U.S and they have received their GC Approval. See my signature below for more info on the timeline.
 
Thanks NAV102

looks like you did the interview here in US and not Consular processing. I thought from Visitor visa to GC, there might be a lot of interview questions. How was your parents interview?
 
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