GC for Parent (waiting to be a citizen)

S

sabyk

Registered Users (C)
Hello.

I just took my citizenship interview today and passed, waiting for oath ceremony.
I didn't know that I can apply for my mother's GC (who is visiting me on VWP that expires Jan 10th 2010, but her flight is scheduled on Jan 4th, 2010) while she is in the states IF ONLY I were the U.S. citizen.

They said if I do become a citizen ( I asked on the phone. INS 1-800 number) and IF I apply for her GC BEFORE her stay expires she can stay legally until she is approved for her GC ( or I guess not disapproved)

But thinking of the holiday time and all, I don't think I will make it by then...

HERE IS MY FIRST QUESTION.
Is there any way that she can overstay on VWP then apply for GC? (while in the states)

My guess is this is way too high risk, and I talked to a counselor ( a public operated located right next to Immigration Office) if we do that, we have to file some waiver that will cost around 500 dollars and lawyer who will file it will cost 2500 dollars or so.


So more than likely, to avoid all the risks, if my mother goes back.

SECOND QUESTION
Can I do the medical exam (shots and exam) for her while she is in the states? If I did file for it co-currently I am supposed to admit the medical exam at the same time as I-485 along with I-130?

I would appreciate any advice!

Thank you in advance.
 
A1: Yes. Once you naturalise, she will be an immediate relative. Her overstay will be overlooked. However personally, I always advocate going the CP route.

A2: If going the AOS route, the medical is attached along with the I-130/I-485 combo.

sabyk said:
HERE IS MY FIRST QUESTION.
Is there any way that she can overstay on VWP then apply for GC? (while in the states)

SECOND QUESTION
Can I do the medical exam (shots and exam) for her while she is in the states? If I did file for it co-currently I am supposed to admit the medical exam at the same time as I-485 along with I-130?
Click to expand...
 
sabyk said:
I didn't know that I can apply for my mother's GC (who is visiting me on VWP that expires Jan 10th 2010, but her flight is scheduled on Jan 4th, 2010) while she is in the states IF ONLY I were the U.S. citizen.
Click to expand...

Your mother cannot adjust status - since she is on the VWP. The only way she can adjust status from the VWP to Permanent Resident is as the spouse (not parent) of a US citizen.
 
sabyk said:
Hello.

I just took my citizenship interview today and passed, waiting for oath ceremony.
I didn't know that I can apply for my mother's GC (who is visiting me on VWP that expires Jan 10th 2010, but her flight is scheduled on Jan 4th, 2010) while she is in the states IF ONLY I were the U.S. citizen.

They said if I do become a citizen ( I asked on the phone. INS 1-800 number) and IF I apply for her GC BEFORE her stay expires she can stay legally until she is approved for her GC ( or I guess not disapproved)

But thinking of the holiday time and all, I don't think I will make it by then...

HERE IS MY FIRST QUESTION.
Is there any way that she can overstay on VWP then apply for GC? (while in the states)

My guess is this is way too high risk, and I talked to a counselor ( a public operated located right next to Immigration Office) if we do that, we have to file some waiver that will cost around 500 dollars and lawyer who will file it will cost 2500 dollars or so.


So more than likely, to avoid all the risks, if my mother goes back.

SECOND QUESTION
Can I do the medical exam (shots and exam) for her while she is in the states? If I did file for it co-currently I am supposed to admit the medical exam at the same time as I-485 along with I-130?

I would appreciate any advice!

Thank you in advance.
Click to expand...

Overstay may not be a good idea., unless it is must.
 
Triple Citizen said:
A1: Yes. Once you naturalise, she will be an immediate relative. Her overstay will be overlooked. However personally, I always advocate going the CP route.

A2: If going the AOS route, the medical is attached along with the I-130/I-485 combo.
Click to expand...

Yes, concurrent process seems to be much easier for her AND me.
Once she goes back to Japan, to go to clinic, police station, she will have to do everything by herself along with paper works in English ( she doesn't understand English welll) Her not driving a car, riding trains for hours plus walking, is not gonna be easy for her age.
I also understand that we will probably send paper works back and forth...

You said it will be overlooked. I looked for all the articles, information on web, I couldn't find any evidence that is similar to this case, except the 2 different people got married while one was during VWP other was after it expired. And one applied for it after it expired got barred or something...
So I am scared that if she overstays and we apply for it ( which should be only for 2 weeks or so after it expires till we can apply) it will be very hard for her.
She will not need to work, or go to school. She just wants to stay with us and watch her grand kid grow.

Is there any example that is done before about this case?

For A2. What if she files from abroad. ( if I can't fail proof this overstaying route, I more than likely have to take this way... I don't want to)
Can she take shots in and have medical exam done here, then when she gets her packet in Japan after I-130, can she use this medical exam and shots?? Or she would have to do it over again?

I tried to call INS but my bluetooth wasn't working, and couldn't ask...

I really appreciate your help triple citizen. Thank you.
 
TheRealCanadian said:
Your mother cannot adjust status - since she is on the VWP. The only way she can adjust status from the VWP to Permanent Resident is as the spouse (not parent) of a US citizen.
Click to expand...

Thank you for your reply.
I looked in INS page, parents are considered as Immediate Relative who are allowed to adjust the status and go through the co-current process.
 
Triple Citizen>>
I misunderstood CP with concurrent (which I said co-current) process. It was Consular Processing, wasn't it??

Consular processing,how can I do this while she is in the states? I am reading everything I could, but it is so confusing. From what I understood, AOS takes much longer than CP?
Can I still file CP even she overstays with VWP?

Is CP cheaper than AOS? She will not have to have work permit.

I am so sorry for asking so many question.
 
Last edited by a moderator:
Well, after reading so many articles and my brain is about to explode... I understood that CP can be only done in the home country. So this means, she cannot file for CP from the states,correct??

And for AOS, I read so many of them saying takes 1-3 years compare to CP 5-13 months, but seeing people's tracker, it is done in less than a year...
Is it going to be different because she is on VWP? ( seems like they have H-1, F-1 visa etc)
 
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