GC for mother

T

tombaan

Registered Users (C)
My mother is here on a visit visa and I wanted to apply a GC for her....couple of questions
Does she have to file for an extension for visit visa even if I file for her GC
Second does she have to go back or can she stay once GC is filed?
 
A1: No extension application needed if AOS submitted
A2: She can stay back once an I-485 has been filed.

tombaan said:
Does she have to file for an extension for visit visa even if I file for her GC
Second does she have to go back or can she stay once GC is filed?
Click to expand...
 
thanks Jack...I am talking of birth certificate for her...I have mine with her name on it. We dont have her birth certificate is that needed or I can use the passport
 
You'll need to get her birth certificate if her birth was registered, otherwise she needs a Non-Availability Certificate from where she was born.
 
tombaan said:
My mother is here on a visit visa and I wanted to apply a GC for her....couple of questions
Does she have to file for an extension for visit visa even if I file for her GC
Second does she have to go back or can she stay once GC is filed?
Click to expand...

Hey pal, hope you recognize me :-)) Well, I think there is a 30-60-90 or something that is called like that for consideration as to whether the visitor misrepresented himself or herself of the "intent" to become an immigrant, while maintaining or displaying a "non-immigrant" intent after landing at the Port-of-Entry. My memory is vague on this, but am 100% sure that there is a policy guideline with USCIS. For example, if you file for an immigrant petition like I-485 immediately after 5 or 10 days of arrival into US based on B1/B2, that surely is a case for misrepresentation that will result in a denial. However, such a thing reduces if it is filed after 90 days. But, it is always recommended that you don't follow this route for the risks it entails. Remember, AOS is a discretionary and subjective process at the hands of the Immigration Service that adjudicates the matter. In order to prevent misrepresentation and then lose GC as well as the capability to visit through B1/B2 (taking into account the tender old-age of the parents), I would advise you to send them back and then go through the normal NVC / CP route so that they get their stuff taken care of at the foreign consulate.

You want to reduce the risk because once you file for I-485 that results in a denial, your Mom may lose the capability to visit too because she would have essentially nullified her own intent for B1/B2, which requires a 100% non-immigrant intent. So, festina lente -- make haste slowly.

I am active on the Citizenship thread...not here. Just wanted to see how my old buddies like you were doing and am glad to see you are a USC. Kudos, friend. Stay in touch.
 
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