GC for parents - suggestions - urgent situation, please

[gfindia]

All, I want to get some suggestions on getting GC for parents, given the situation below:

Parents have a 10 yr visitor visa to USA and are currently in India. They didn't have any intention to immigrate to USA, since they like it there.

But, unexpectedly, my mom is quite sick and needs someone to care for her. (Relatives have all but abandoned them )

I want to get them to USA by applying for a GC.

Questions:

1. Can I get them here on visitor visa and apply for GC from within USA?
2. Is it possible to get GC within a 6 month timeframe (visitors are allowed for 6 mos at a time, I guess) after they get here and I apply (State of Indianapolis)
3. Will it take a much longer time to get GC if they apply from India itself, v/s applying after coming over to USA?

They never had an intent to immigrate, till the situation changed and I want to keep them comfortable with me here.

Thank you in advance for replies (I have to study a lot on GC process, but wanted to get quick suggestions from friends here).

 

[BigJoe5]

All, I want to get some suggestions on getting GC for parents, given the situation below:

Parents have a 10 yr visitor visa to USA and are currently in India. They didn't have any intention to immigrate to USA, since they like it there.

But, unexpectedly, my mom is quite sick and needs someone to care for her. (Relatives have all but abandoned them )

I want to get them to USA by applying for a GC.

Questions:

1. Can I get them here on visitor visa and apply for GC from within USA?
2. Is it possible to get GC within a 6 month timeframe (visitors are allowed for 6 mos at a time, I guess) after they get here and I apply (State of Indianapolis)
3. Will it take a much longer time to get GC if they apply from India itself, v/s applying after coming over to USA?

They never had an intent to immigrate, till the situation changed and I want to keep them comfortable with me here.

Thank you in advance for replies (I have to study a lot on GC process, but wanted to get quick suggestions from friends here).

Since they already have an immigrant intent NOW, they cannot enter on B visas and file for adjustment UNLESS they commit FRAUD. Then, IF they are not sent back on the next flight and manage to enter, they will get caught in their fraud later in the process and require a waiver for which they likely will NOT qualify and be placed in Removal Proceedings.

Since they don't actually want to immigrate, don't force them.

Your parents' will not get any welfare or medical financial assistance.

Hire in-home healthcare in India, it will be just as good (probably the same) as in the U.S. but less expensive.

If YOU persist and force them to immigrate, then long trips back to India will cause problems retaining LPR status and will likely cripple any possibility of naturalization.

IF THEY DECIDE that THEY actually want to immigrate, Consular Processing really is necessary and since they won't be trying to commit a fraud it should be easier and less nerve-wracking.

 

[gfindia]

Thanks, BigJoe. I completely agree that applying for a GC, when visiting USA is against the initial pretense of getting a visitors' visa, with intent to not immigrate.

I can do consular processing in India (the right way) and get a GC for them. No problems. My doubts are:

1. Will doing consular processing take a longer time to get GC v/s applying for GC from within USA?
2. I am sure there have been many cases where visitors have applied for GC when visiting USA...and have obtained GC without any problems. What is the %age of chances that my parents will be denied, when applying from within USA?

If consular processing when staying in India takes almost the same time as applying GC when visiting USA, then, it will great. IF the timeframe difference is like a YEAR or so, then, I can try to fly them here and apply from within.

I don't think this is committing fraud, since we were sincerely NOT wanting to immigrate when we applied for visitors' visa. Now, the situation has changed and NOW, we would like to immigrate.

 

[Jackolantern]

Are you a millionaire? If not, how do you plan to pay for your mother's medical expenses in the US?

She can't get health insurance in the US with her health problems, and as a new immigrant she won't be eligible for government-subsidized health care, so you'll be paying for everything out of pocket. Do you have any idea of how enormously expensive that will be? Do you want her to suffer or die because you can't afford to pay for treatment? I'm sure it would be much cheaper to pay for somebody in India to take care of her.

 

[BigJoe5]

Thanks, BigJoe. I completely agree that applying for a GC, when visiting USA is against the initial pretense of getting a visitors' fLogvisa, with intent to not immigrate.

I can do consular processing in India (the right way) and get a GC for them. No problems. My doubts are:

1. Will doing consular processing take a longer time to get GC v/s applying for GC from within USA?
2. I am sure there have been many cases where visitors have applied for GC when visiting USA...and have obtained GC without any problems. What is the %age of chances that my parents will be denied, when applying from within USA?

If consular processing when staying in India takes almost the same time as applying GC when visiting USA, then, it will great. IF the timeframe difference is like a YEAR or so, then, I can try to fly them here and apply from within.

I don't think this is committing fraud, since we were sincerely NOT wanting to immigrate when we applied for visitors' visa. Now, the situation has changed and NOW, we would like to immigrate.

CBP: Purpose of your trip?

Alien: Vacataion. [Lie = Fraud = Trouble later when USCIS discovers the Fraud!]

_____________________________________________

CBP: Purpose of trip?

Alien: To file for adjustment of status.

CBP: Get back on the plane.

_____________________________________________

Chance of getting accused of FRAUD when telling the truth? 0.000001%

 

[Jackolantern]

I don't think this is committing fraud, since we were sincerely NOT wanting to immigrate when we applied for visitors' visa. Now, the situation has changed and NOW, we would like to immigrate.

Obtaining the visa and using the visa are two separate events. She didn't obtain the visa with the intention to immigrate. But if she later uses it with the intention to immigrate that is another issue. They don't only look at intent when the visa was obtained, they look at when the visa is used.

 

[bigbull99]

Thanks, BigJoe. I completely agree that applying for a GC, when visiting USA is against the initial pretense of getting a visitors' visa, with intent to not immigrate.

I can do consular processing in India (the right way) and get a GC for them. No problems. My doubts are:

1. Will doing consular processing take a longer time to get GC v/s applying for GC from within USA?
2. I am sure there have been many cases where visitors have applied for GC when visiting USA...and have obtained GC without any problems. What is the %age of chances that my parents will be denied, when applying from within USA?

If consular processing when staying in India takes almost the same time as applying GC when visiting USA, then, it will great. IF the timeframe difference is like a YEAR or so, then, I can try to fly them here and apply from within.

I don't think this is committing fraud, since we were sincerely NOT wanting to immigrate when we applied for visitors' visa. Now, the situation has changed and NOW, we would like to immigrate.

Well.
When your mom comes to USA and applies for GC, she has to wait 3mts before she can apply for AOS. and from then it may take 4-6mts for the entire process which make it 9 mts. If you do a CP it will take around the same time. If you do AOS while your mom is in USA there is no rule that ,that they have to give her the GC,or there is no rule that they will not approve her GC, as long as you can prove that her intentions were not to immegrate at the time of entery. Lot of people do it. it is just abusing the system
And they have to stay for 5yrs to get the citizenship, and as rest of the people stated- Who will pay the Medical bills. All the states do not provide free health care. and if she applies for health benefits, the USCIS will come after you to pay the bills for your mom, as you will fill out the Support of affidavit form.

 

[gfindia]

Thanks, guys...makes sense. I was curious to know how some of my friends applied for GC when parents were in USA on visitors visa. Looks like there is a 'gray' area and some got away with this.

Regarding healthcare costs for GC holders, I think some provisions of ObamaCare cater to GC holders who have some kind of pre-existing condition (http://www.healthcare.gov/law/features/choices/pre-existing-condition-insurance-plan/index.html)

I am hoping that this plan will cater to elderly who have some kind of preexisting condition. Premiums are high, but at least this is an option.

 

[BigJoe5]

Thanks, guys...makes sense. I was curious to know how some of my friends applied for GC when parents were in USA on visitors visa. Looks like there is a 'gray' area and some got away with this.

Regarding healthcare costs for GC holders, I think some provisions of ObamaCare cater to GC holders who have some kind of pre-existing condition (http://www.healthcare.gov/law/features/choices/pre-existing-condition-insurance-plan/index.html)

I am hoping that this plan will cater to elderly who have some kind of preexisting condition. Premiums are high, but at least this is an option.

Your friends committed fraud and it may still catch up to them later.

LPRs have severe limits on healthcare and the I-864 allows the government to come after the "sponsors" for repayment.

 

[Jackolantern]

Regarding healthcare costs for GC holders, I think some provisions of ObamaCare cater to GC holders who have some kind of pre-existing condition (http://www.healthcare.gov/law/features/choices/pre-existing-condition-insurance-plan/index.html)

I am hoping that this plan will cater to elderly who have some kind of preexisting condition. Premiums are high, but at least this is an option.

Probably not. That pre-existing condition program is government-subsidized, and there are other laws that place tight restrictions on government-subsidized health care and other government benefits for people who have LPR status for less than 5 years. And if the Republicans win the presidency and Senate this November, they'll do their best to get rid of that program altogether because it's part of "Obamacare".