GC for Parents - AOS and CP - Information Source
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thanks2rajiv
Registered Users (C)
Information required - GC for Parents
Hello All
My parents are here in USA and have 6 month visitor visa (B2). In fact, they came in June 06 and were given I-94 stamp till Dec 06. However, when we drove back from Canada, the immigration officer gave them 6 months from yesterday (8/27/06)
Surprised
This also prompted us to start thinking about processing GC for both of them. We have not made up our mind yet due to the following questions:
1. They would like to go back home in Jan 07 and come back in Apr 07. They should be able to return back on 131-AP, but not on B2 visa, as they have already applied for immigration. Is this assumption correct? Should they be in USA to receive the 131-AP? I realize that they will have to be here for the interview.
2. When does their B2 status really change i.e. should I apply for B2/I-94 date extension if interview is not done?
3. On an average, how long does it take to get a interview scheduled for parents case (assuming that there no undue delays due to RFE etc.)? Detroit, DO.
4. Assuming they get the GC without undue delay (name check etc.), how long can they stay outside USA? After getting the GC, can stay outside USA for 2 years in a row? I realize that they have to be here for 3 years to be eligible to apply for citizenship. If they stay outside USA for too long, will the GC become canceled for not demonstrating "immigrant" status?
Please advise.
Thanks...
Hello All
My parents are here in USA and have 6 month visitor visa (B2). In fact, they came in June 06 and were given I-94 stamp till Dec 06. However, when we drove back from Canada, the immigration officer gave them 6 months from yesterday (8/27/06)
Surprised This also prompted us to start thinking about processing GC for both of them. We have not made up our mind yet due to the following questions:
1. They would like to go back home in Jan 07 and come back in Apr 07. They should be able to return back on 131-AP, but not on B2 visa, as they have already applied for immigration. Is this assumption correct? Should they be in USA to receive the 131-AP? I realize that they will have to be here for the interview.
2. When does their B2 status really change i.e. should I apply for B2/I-94 date extension if interview is not done?
3. On an average, how long does it take to get a interview scheduled for parents case (assuming that there no undue delays due to RFE etc.)? Detroit, DO.
4. Assuming they get the GC without undue delay (name check etc.), how long can they stay outside USA? After getting the GC, can stay outside USA for 2 years in a row? I realize that they have to be here for 3 years to be eligible to apply for citizenship. If they stay outside USA for too long, will the GC become canceled for not demonstrating "immigrant" status?
Please advise.
Thanks...
Last edited by a moderator:
samira_jung
Registered Users (C)
I know the answers to some of your questions since i just applied for my parents. Ok so here goes
1. Yes they can re-enter the US only based on AP .....their b2 visa will be null and void as soon as you file the 485. They should not leave the US until they get the AP.
2. AS soon as you file the 485 - and you receive a receipt for it - their status is changed from VISITOR to "ADJUSTMENT STATUS". This means that their b2 visa is no longer valid - and if they leave the US without an AP - their application will be considered abandoned and additionally they will have to apply for a visa again - which is ALL likelyhood will get denied since US officials now know that they are potential immigrants. So one should apply for the AP along with the 485 - they say that the processing times are about 2-3 months - so if u get your application in soon enough - your parents can actually plan their trip back.
3. This I dont know - but tracking times are all over the web - just run some searches for the service center that u would be at.
4. Once they get their GC - they have to maintain a minimum of 6 mo continous stay in US everyyear for 5 years after which u can apply for the US cictizenship and then of course u are free of any such obligations. BTW - its not 3 years of stay ...thats only if u r married to a citizen.....in this case they will be eligible only after 5 years. If they stay outside the US for longer than 6 mo - an immigration officer at the porrt of entry can cancel their GC - its usually upto their discretion - I guess if u provide a really good reason. But they have every right to cancel it legally.
hope this help.....good luck
samira
1. Yes they can re-enter the US only based on AP .....their b2 visa will be null and void as soon as you file the 485. They should not leave the US until they get the AP.
2. AS soon as you file the 485 - and you receive a receipt for it - their status is changed from VISITOR to "ADJUSTMENT STATUS". This means that their b2 visa is no longer valid - and if they leave the US without an AP - their application will be considered abandoned and additionally they will have to apply for a visa again - which is ALL likelyhood will get denied since US officials now know that they are potential immigrants. So one should apply for the AP along with the 485 - they say that the processing times are about 2-3 months - so if u get your application in soon enough - your parents can actually plan their trip back.
3. This I dont know - but tracking times are all over the web - just run some searches for the service center that u would be at.
4. Once they get their GC - they have to maintain a minimum of 6 mo continous stay in US everyyear for 5 years after which u can apply for the US cictizenship and then of course u are free of any such obligations. BTW - its not 3 years of stay ...thats only if u r married to a citizen.....in this case they will be eligible only after 5 years. If they stay outside the US for longer than 6 mo - an immigration officer at the porrt of entry can cancel their GC - its usually upto their discretion - I guess if u provide a really good reason. But they have every right to cancel it legally.
hope this help.....good luck
samira
visaapplicant
Registered Users (C)
Jen,
Anahit,
Thank you very much for your support! The journey continues.
Anahit,
Thank you very much for your support! The journey continues.
needurhelp
Registered Users (C)
visaapplicant said:
Congratulations, finally ur app got approved.
At least now, we know that a lazy butt was not nibbling your app.
visaapplicant
Registered Users (C)
Needurhelp,
Thanks! Good to see you around. We need you to maintain this excellent thread.
Thanks! Good to see you around. We need you to maintain this excellent thread.
mkrishnarevera
Registered Users (C)
Format of Police Certificate
Hello:
Is there a format for obtaining Police Certificate. Would anyone know how long this process typically takes?
Thanks a Lot.
Murthy
Hello:
Is there a format for obtaining Police Certificate. Would anyone know how long this process typically takes?
Thanks a Lot.
Murthy
If the PCC is from India, they have their own format. My Dad recently got PCC from both the Passport office and from the Police Commissioner's office in the city he lives. The format/text is different on each. If it's from India, how soon you get these depends on how much you're willing to spend
Generally, I've heard that PCC from PP office is issued sooner than the city police.
Generally, I've heard that PCC from PP office is issued sooner than the city police.
mkrishnarevera
Registered Users (C)
thank you
Thanks a lot again for the prompt reply, Jenimmi. I was afraid that would be the case. One related question on DS-230, Part I. On question 21, a, if my dad and mom are applying for their green cards, at the same time, what should they say in 21a.
Murthy
Thanks a lot again for the prompt reply, Jenimmi. I was afraid that would be the case. One related question on DS-230, Part I. On question 21, a, if my dad and mom are applying for their green cards, at the same time, what should they say in 21a.
Murthy
visaapplicant
Registered Users (C)
mkrishnarevera said:
We haven't crossed that stage yet. But I agree with Jen & Anahit and will put each other's name when we fill out DS 230.
Parents' Cases Approved
Both my parents' cases were approved after 4 months. The interview was done in the Philly Office on 08/31/06. The IO was a kind old man and the interview went smoothly. Since both my parents could not speak any English, I was their interpreter. The whole process was almost the same as what Jenimmi had posted in detail (thanks, Jen!!!) on this forum. Basically, the IO went through almost all the information in the forms. A little additional information below.
a. IO didn't ask for my brother and sister’s birth certificates, which are required in the Interview Letter.
b. Both my parents overstayed for more than two years. No question asked for this part.
c. IO did not stamp the passports (I wish he did. Then I could apply SSN for my parents now). I specifically asked him, and was told that they don't stamp passport anymore, since we should be able to receive the GC in two weeks.
That's about it.
Next big problem would be their medical insurance and/or medical assistance, since both my parents are over 70 years old. When they didn't have a GC, they could use Emergent Medicaid. Now, at least in PA, they can not apply for Emergent Medicaid. They can apply for the regular Medicaid, called Medical Assistance (MA) in PA (The PA state provides some money for immigrants, like most states do), and generally, will be approved. However, with the forcible Affidavit of Support we used, the agency providing these assistances has the right to go after the sponsor, even though the agency may not. I have read the discussion regarding this matter posted on this forum before. Anybody has any experience?
Both my parents' cases were approved after 4 months. The interview was done in the Philly Office on 08/31/06. The IO was a kind old man and the interview went smoothly. Since both my parents could not speak any English, I was their interpreter. The whole process was almost the same as what Jenimmi had posted in detail (thanks, Jen!!!) on this forum. Basically, the IO went through almost all the information in the forms. A little additional information below.
a. IO didn't ask for my brother and sister’s birth certificates, which are required in the Interview Letter.
b. Both my parents overstayed for more than two years. No question asked for this part.
c. IO did not stamp the passports (I wish he did. Then I could apply SSN for my parents now). I specifically asked him, and was told that they don't stamp passport anymore, since we should be able to receive the GC in two weeks.
That's about it.
Next big problem would be their medical insurance and/or medical assistance, since both my parents are over 70 years old. When they didn't have a GC, they could use Emergent Medicaid. Now, at least in PA, they can not apply for Emergent Medicaid. They can apply for the regular Medicaid, called Medical Assistance (MA) in PA (The PA state provides some money for immigrants, like most states do), and generally, will be approved. However, with the forcible Affidavit of Support we used, the agency providing these assistances has the right to go after the sponsor, even though the agency may not. I have read the discussion regarding this matter posted on this forum before. Anybody has any experience?
Last edited by a moderator:
Congratulations, gtvsc!!
Approval with interview in 4 months is record time..
Thanks for sharing the interview experience.
You said we can apply for SSN with just the stamp on the PP? This is exactly what I asked the operator who took my call on the toll-free SS line. He said, only with physical GC you can apply for SSN and not with the stamp. Still waiting for GC.
Update: GOT THE GC!!
I have some questions on SSN - I don't know of what help the SSN will be to parents who are not going to work - besides probably helping in getting a non-driver's ID and we can claim them as dependents for tax purposes. Getting the Non-driver's id will be my next step, 'cos we don't want to be carrying my Mom's PP as ID wherever we go. BTW, is it a requirement that the GC should be on the person all the time?
My next post is on the other issue you raised..
Approval with interview in 4 months is record time..
Thanks for sharing the interview experience.
You said we can apply for SSN with just the stamp on the PP? This is exactly what I asked the operator who took my call on the toll-free SS line. He said, only with physical GC you can apply for SSN and not with the stamp. Still waiting for GC.
Update: GOT THE GC!!
I have some questions on SSN - I don't know of what help the SSN will be to parents who are not going to work - besides probably helping in getting a non-driver's ID and we can claim them as dependents for tax purposes. Getting the Non-driver's id will be my next step, 'cos we don't want to be carrying my Mom's PP as ID wherever we go. BTW, is it a requirement that the GC should be on the person all the time?
My next post is on the other issue you raised..
Last edited by a moderator:
Medical Insurance for Parents
I'm sure for most of us who are participating in this thread, medical insurance/benefits for parents is something that's always there in the back of our minds. I appreciate that this topic has come up again and I want to ask everyone looking for info here to participate/post on what they know (in the state they live in), about getting medical benefits for their parents (state/federal aid or otherwise).
Regardless of what some (I know there are some who are just waiting for something like this to be posted by me and want to pounce) might have to say, I am requesting everyone here to post what they know about getting medical aid / insurance for parents. Please feel free to ignore comments/threats that are not useful/relevant to this topic. After all, this is a public forum
Both my parents are under 65 and I don't know if they even qualify for any medicaid or medicare, or any state sponsored medical programs in NJ. I don't even know where to start. I thought of seeking help at the SS office when I take my Mom there for SSN. But, I don't know if that's the right place to be asking those questions or if it is, then what do I need to be requesting when I'm there. If anyone knows about such programs in NJ or any links on where to look, that would be helpful.
Please post what you know on this topic. Thank you!
I'm sure for most of us who are participating in this thread, medical insurance/benefits for parents is something that's always there in the back of our minds. I appreciate that this topic has come up again and I want to ask everyone looking for info here to participate/post on what they know (in the state they live in), about getting medical benefits for their parents (state/federal aid or otherwise).
Regardless of what some (I know there are some who are just waiting for something like this to be posted by me and want to pounce) might have to say, I am requesting everyone here to post what they know about getting medical aid / insurance for parents. Please feel free to ignore comments/threats that are not useful/relevant to this topic. After all, this is a public forum
Both my parents are under 65 and I don't know if they even qualify for any medicaid or medicare, or any state sponsored medical programs in NJ. I don't even know where to start. I thought of seeking help at the SS office when I take my Mom there for SSN. But, I don't know if that's the right place to be asking those questions or if it is, then what do I need to be requesting when I'm there. If anyone knows about such programs in NJ or any links on where to look, that would be helpful.
Please post what you know on this topic. Thank you!
Jenimmi,
When you said non-drivers ID, did you mean state ID.?? Also, to claim parents as dependents do you need apply for TIN number??
Insurance:
I live in MN. My parents are under 65 yrs and are diabetic! and when I called various insurance companies they told me that my foks individual health coverage application might be denied and I called up my state insurance dept. They suggested I go through http://mchamn.com
"Are a Minnesota resident for the six months immediately preceding the completion of your application for MCHA coverage"
"Have been rejected for individual health coverage within six month six month of the application either by a health insurance carrier of a licensed insurance agent"
Based on the above two statements, I am hoping my parents could get some insurance policy. But, their insurance plans seems to be very expensive. I will have to investigate on this.
Lp
When you said non-drivers ID, did you mean state ID.?? Also, to claim parents as dependents do you need apply for TIN number??
Insurance:
I live in MN. My parents are under 65 yrs and are diabetic! and when I called various insurance companies they told me that my foks individual health coverage application might be denied and I called up my state insurance dept. They suggested I go through http://mchamn.com
"Are a Minnesota resident for the six months immediately preceding the completion of your application for MCHA coverage"
"Have been rejected for individual health coverage within six month six month of the application either by a health insurance carrier of a licensed insurance agent"
Based on the above two statements, I am hoping my parents could get some insurance policy. But, their insurance plans seems to be very expensive. I will have to investigate on this.
Lp
Medical Insurance for Parents
Hi, Jen,
Most of our parents are not eligible for Medicare. Generally, a person is eligible for Medicare if the person or his/her spouse worked for at least 10 years in Medicare-covered employment and the person is 65 years old and a citizen or permanent resident of the United States. The person might also qualify for coverage if the person is a younger person with a disability or with chronic kidney disease. I think most of our parents have not worked and will not work for at least 10 years in this country. So Medicare is never an option for most of our parents.
After the passage of the notorious Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (under Clinton) — known as the 1996 welfare law—legal immigrants is not eligible for any means-tested benefits, such as Medicaid in the first five years. After five years, they can apply for federally funded Medicaid, however, since most of our parents have a sponsor, the income and resources of an immigrant’s sponsor and the sponsor’s spouse may be counted in determining the immigrant’s eligibility for Medicaid, regardless of whether the sponsor actually shares any of her or his income or resources with the immigrant. This procedure is known as sponsor-to-immigrant deeming or “sponsor deeming”. Deeming can push an immigrant over the Medicaid income or asset limits. Therefore, most of our parents are also out of luck to apply for Medicaid funded by the federal government.
So our only option is either State-funded program which is basically Medicaid with some money from the State, or programs from some private organizations/hospitals. Most states provide some kind of medical assistance similar to Medicaid. I am living in PA, and PA does provide Medical Assistance (basically Medicaid) to legal immigrants and those whose sponsor has submitted the I-130 form. I have several friends whose parents have applied and got approved. With this medical assistance, the immigrant pays almost nothing, as long as the doctor or the hospital accepts Medicaid. My only concern is from the Affidavit of Support, which is enforceable (the old I-134 is not enforceable). This means that, if the immigrant applies for (and gets approved) some federal or local means-tested benefits, the agency providing the benefits has the right to go after the sponsor. I have done some research and did called several lawyers and even officers in the County Assistance Office/State Welfare Office, no body can tell me if the Pennsylvania Medical Assistance is a means-tested benefit.
For people living in New Jersey, as of 2004, the State provides limited benefits to elderly and disabled immigrants (see “Covering New Americans: A Review of Federal and State Policies Related to Immigrants’ Eligibility and Access to Publicly Funded Health Insurance”, by Shawn Fremstad and Laura Cox from The Henry J. Kaiser Family Foundation). I have heard in a friend’s party that one hospital in the Princeton area provides very good services to legal immigrants for almost nothing, and the hospital is very decent (unfortunately, I don’t know which hospital it is. I did make some calls, and no body could tell me the details.)
Hope somebody can post some experience.
jenimmi said:I'm sure for most of us who are participating in this thread, medical insurance/benefits for parents is something that's always there in the back of our minds. I appreciate that this topic has come up again and I want to ask everyone looking for info here to participate/post on what they know (in the state they live in), about getting medical benefits for their parents (state/federal aid or otherwise).
Regardless of what some (I know there are some who are just waiting for something like this to be posted by me and want to pounce) might have to say, I am requesting everyone here to post what they know about getting medical aid / insurance for parents. Please feel free to ignore comments/threats that are not useful/relevant to this topic. After all, this is a public forum
Both my parents are under 65 and I don't know if they even qualify for any medicaid or medicare, or any state sponsored medical programs in NJ. I don't even know where to start. I thought of seeking help at the SS office when I take my Mom there for SSN. But, I don't know if that's the right place to be asking those questions or if it is, then what do I need to be requesting when I'm there. If anyone knows about such programs in NJ or any links on where to look, that would be helpful.
Please post what you know on this topic. Thank you!
Hi, Jen,
Most of our parents are not eligible for Medicare. Generally, a person is eligible for Medicare if the person or his/her spouse worked for at least 10 years in Medicare-covered employment and the person is 65 years old and a citizen or permanent resident of the United States. The person might also qualify for coverage if the person is a younger person with a disability or with chronic kidney disease. I think most of our parents have not worked and will not work for at least 10 years in this country. So Medicare is never an option for most of our parents.
After the passage of the notorious Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (under Clinton) — known as the 1996 welfare law—legal immigrants is not eligible for any means-tested benefits, such as Medicaid in the first five years. After five years, they can apply for federally funded Medicaid, however, since most of our parents have a sponsor, the income and resources of an immigrant’s sponsor and the sponsor’s spouse may be counted in determining the immigrant’s eligibility for Medicaid, regardless of whether the sponsor actually shares any of her or his income or resources with the immigrant. This procedure is known as sponsor-to-immigrant deeming or “sponsor deeming”. Deeming can push an immigrant over the Medicaid income or asset limits. Therefore, most of our parents are also out of luck to apply for Medicaid funded by the federal government.
So our only option is either State-funded program which is basically Medicaid with some money from the State, or programs from some private organizations/hospitals. Most states provide some kind of medical assistance similar to Medicaid. I am living in PA, and PA does provide Medical Assistance (basically Medicaid) to legal immigrants and those whose sponsor has submitted the I-130 form. I have several friends whose parents have applied and got approved. With this medical assistance, the immigrant pays almost nothing, as long as the doctor or the hospital accepts Medicaid. My only concern is from the Affidavit of Support, which is enforceable (the old I-134 is not enforceable). This means that, if the immigrant applies for (and gets approved) some federal or local means-tested benefits, the agency providing the benefits has the right to go after the sponsor. I have done some research and did called several lawyers and even officers in the County Assistance Office/State Welfare Office, no body can tell me if the Pennsylvania Medical Assistance is a means-tested benefit.
For people living in New Jersey, as of 2004, the State provides limited benefits to elderly and disabled immigrants (see “Covering New Americans: A Review of Federal and State Policies Related to Immigrants’ Eligibility and Access to Publicly Funded Health Insurance”, by Shawn Fremstad and Laura Cox from The Henry J. Kaiser Family Foundation). I have heard in a friend’s party that one hospital in the Princeton area provides very good services to legal immigrants for almost nothing, and the hospital is very decent (unfortunately, I don’t know which hospital it is. I did make some calls, and no body could tell me the details.)
Hope somebody can post some experience.
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Ssn
One of my friend's parents did get the SSN based on the stamp on the passport in PA. I think it all depends on which office or even which officer you are going to meet.
Why an SSN? I think your parents can apply for some benefits only with a SSN.
For tax purpose, you don't need a SSN. You can just have a Tax ID.
jenimmi said:Congratulations, gtvsc!!
Approval with interview in 4 months is record time..
Thanks for sharing the interview experience.
You said we can apply for SSN with just the stamp on the PP? This is exactly what I asked the operator who took my call on the toll-free SS line. He said, only with physical GC you can apply for SSN and not with the stamp. Still waiting for GC.
Update: GOT THE GC!!
I have some questions on SSN - I don't know of what help the SSN will be to parents who are not going to work - besides probably helping in getting a non-driver's ID and we can claim them as dependents for tax purposes. Getting the Non-driver's id will be my next step, 'cos we don't want to be carrying my Mom's PP as ID wherever we go. BTW, is it a requirement that the GC should be on the person all the time?
My next post is on the other issue you raised..
One of my friend's parents did get the SSN based on the stamp on the passport in PA. I think it all depends on which office or even which officer you are going to meet.
Why an SSN? I think your parents can apply for some benefits only with a SSN.
For tax purpose, you don't need a SSN. You can just have a Tax ID.
mkrishnarevera
Registered Users (C)
nonavailability of birth certificate
Hello:
Would anyone know if there is a particular format for non availability certificate that I should use for birth certificate from district office in India?
Thanks a Lot
Murthy
Hello:
Would anyone know if there is a particular format for non availability certificate that I should use for birth certificate from district office in India?
Thanks a Lot
Murthy