Coming to US as a tourist and then petition?

[littlebadboy]

Hi! I am a new US citizen. My newly widowed mother is alone in our home country. She has a multiple entry visa, I'm not sure what that is called but it means she can come here anytime. However, I want to have her live with my family because she is already old. She needs care from me, as her eldest child.

My question is, can I have her come over to the US using her current visa and then apply for a petition so that she does not have to go back home anymore? Or, is it necessary to have her wait longer for the petition process back in our home country? I just want the fastest process because like I said, she is already old.

Thank you!

 

[Jackolantern]

How do you plan to pay for her medical care in the US? She won't qualify for Medicare or Medicaid, and her age and (lack of) health may make it impossble to get health insurance.

 

[littlebadboy]

How do you plan to pay for her medical care in the US? She won't qualify for Medicare or Medicaid, and her age and (lack of) health may make it impossble to get health insurance.

Sir, I find your reply insensitive. First of all, she is not sickly yet. She is very much healthy, but just lonely. Either way, she will need medical care wherever she will be. Besides, her medical care will be our problem.

Back to my query...

 

[Jackolantern]

Sir, I find your reply insensitive. First of all, she is not sickly yet. She is very much healthy, but just lonely.

OK, I got the wrong impression. Your initial message gave the impression that she needed somebody to take care of her because she was unhealthy.

However, there are many people who come to this forum AFTER their elderly or ailing parent(s) have already immigrated, with questions about how to get government or private health insurance for their parents. They wrongly assume their parent would qualify for government health care or be able to find affordable health insurance, and then find out the reality is shockingly different.

Either way, she will need medical care wherever she will be.

True, but in nearly every other country it is much cheaper, whether due to being subsidized by the government and/or being a country with a much lower cost of living. What is affordable elsewhere may be impossible here.

About your original question -- entering the US with a tourist visa and then filing to immigrate is frowned upon (and disallowed for some family categories), and the officer at the port of entry will refuse entry if they know that her plan is to stay (something they might find out if you accompany her when traveling to the US). Her staying to immigrate after entering with the tourist visa will be added to the statistics of her country, making it more difficult for others there to get a visa. Although if/when she gets past the port of entry successfully, they will probably approve the green card anyway as long as she didn't directly lie.

 

[littlebadboy]

However, there are many people who come to this forum AFTER their elderly or ailing parent(s) have already immigrated, with questions about how to get government or private health insurance for their parents.

I understand your concern, sir. Those kind of people are abusing the system to their advantage at the expenses of the taxes we pay from our hard earned money. I frown on it too. I think these are the same people who use WIC, Link, and whatever at groceries but have a cool Escalade SUV as their ride back home.

I assure you that my intentions for my Mother is not abuse the system. It's just that I don't have any other siblings left in our far away country and I wish that she could spend the remainder of her life with my family and be with her grandchildren.

About your original question -- entering the US with a tourist visa and then filing to immigrate is frowned upon (and disallowed for some family categories), and the officer at the port of entry will refuse entry if they know that her plan is to stay (something they might find out if you accompany her when traveling to the US). Her staying to immigrate after entering with the tourist visa will be added to the statistics of her country, making it more difficult for others there to get a visa. Although if/when she gets past the port of entry successfully, they will probably approve the green card anyway as long as she didn't directly lie.

Thank you for your advice. It does make sense. The reason I am asking is because on Form I-140, it says "complete the information if your relative is in the United States and will apply for adjustment of status". So, I thought that this could be an option without any malice intended.

I guess we have to just patiently wait for the process.

 

[Jackolantern]

Thank you for your advice. It does make sense. The reason I am asking is because on Form I-140, it says "complete the information if your relative is in the United States and will apply for adjustment of status".

I suppose you meant I-130, because I-140 is for employment-based green cards.

So, I thought that this could be an option without any malice intended.

Some kinds of visas (particularly H1B and L1) explicitly allow immigrant intent. You can tell the officer at the embassy or port of entry that you plan to immigrate after entering with that visa and they can't deny you for that reason.

There are other long-term nonimmigrant visas that don't allow entering with immigrant intent, but the length of time spent on the visa is usually enough to dispel suspicions of having entered the US with immigrant intent (e.g. someone on a student visa who meets and marries 2 years after entry).

But they really don't want you to immigrate after entering with a tourist visa.

 

[littlebadboy]

I suppose you meant I-130, because I-140 is for employment-based green cards.

I stand corrected, you are correct. It is an I-130 form. After your information, I am not sure if I would risk the chance of not being admitted at port of entry.