Applying GC for Mother!

ASHTON KUTCHER

Registered Users (C)
Can anyone give me time frame on applying for parent I know it is approx 6 mths for her to get her temp doc's question is she was here and left 1 week ago and will not be back for another 8-9 mths should I apply for adjustment of status here or abroad ?

Will USCIS require appt for interview for 69 yrs old person? or is it best I mentioned she is away and all can be done abroad?

I think it would be best if they send her GC at my address and I can mail it to her overseas so she can travel back with it, is this possible or she will have to attend an interview here in the USA if I req for AOS here ?

Thanks Ash
 

baikal3

Registered Users (C)
It is not possible to file an adjustment of status application from abroad: at the time of submitting I-485 the applicant (in this case your mother) must be physically present in the U.S. Moreover, after I-485 is file, the applicant's travel abroad is restricted. In particular, in most cases leaving the U.S. without first obtaining an advanced parole document will result in the I-485 application deemed abandoned and subsequently denied.

I take it you have not yet filed I-130 for your mother, right? Unless she can be physically present in the U.S. for most of the period of I-485 processing (including the moment of submitting I-485, fingerprinting/biometrics appointment and a possible in-person interview), you'd be better off doing the Consular Processing for her (after I-130 is approved) rather than adjustment of status.

P.S. Regarding your signature: "OATH DATE 2/22/22" - now that is pretty funny, having to wait 11 years for the oath date after the oath letter.
 

Jackolantern

Registered Users (C)
Will USCIS require appt for interview for 69 yrs old person? or is it best I mentioned she is away and all can be done abroad?

The green card process can be done abroad through a consulate; pick the preferred consulate on question 22 of the I-130, and the interview will happen there (or at another consulate in the same country or region, if the particular consulate doesn't do immigrant interviews). For consular processing an interview is required for all adult applicants regardless of age.
 

BigJoe5

Registered Users (C)
You share the confusion of many people. You will be filing for an Immigrant Visa classification for your mom. She will be applying for an immigrant visa. Whether tha visa comes as an actual Visa foil in her passport issued by DOS or adjustment of status via approval of an I-485 application by USCIS, they both result in a greencard.

Prior to June 27, 1952, there was no such thing as adjustment of status. ALL immigrant visas were issued abroad by the State Department. AOS became an option which at first was highly restricted but was greatly widened over the ensuing decades. Now approximately 60% of new immigrants adjust status in the U.S.

Both the AOS and Consular Process are dependent on the same visas allocated by Congress. Intending immigrants in a "preference category" have to wait for a "priority date" to become "current" on the Visa Bulletin.

As the Immediate Relative of a USC (IR), your mom is not subject to numerical limitations or per country quotas. There is no "priority date" involved. An immigrant visa is legally "immediately available". There is still a processing queue even for the IR immigrant visa.

As soon as the I-130 gets approved, as long as you indicated Consular Processing, USCIS will send it to NVC. NVC will contact you about the I-864 Affidavit of Support, and then mom will be set upon the course of her Consular Processing for an interview. She will need a police clearnce and medical exam done locally.

The actual time that it takes is dependent on various factors but mostly on the workload at the particulat Immigrant Visa post involved, check their website.

Good Luck,
 
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