GC-holder to sponsor a parent for GC? possibilities?

G

gagpol

Registered Users (C)
Hello! I would like to know how could I sponsor a parent for a GC? I.e., for my mother (divorced, retired, lives alone) - I am a single child, GC holder (got it through EB-1).

I realize that majority of cases are when a citizen sponsors a parent; however, are there any circumstances that can make it possible for a GC-holder to do the same? Hardship for a mother?

Thank you! Any pointers/suggestions/references will be highly appreciated!!!
 
There are no circumstances under which a GC holder can sponsor his parent(s) for a green card. That is the way US immigration law is.
 
If she cannot remain by herself, you will need to give up your GC and return home. Hardship to her (or you for that matter), does not matter while you are a LPR.

The only alternative for her to enter the US on a long term basis is on a dual intent work visa - so if she qualifies, tell her to look for an employer needing her skills.
 
Concerned4us said:
If she cannot remain by herself, you will need to give up your GC and return home.
Click to expand...

That's a pretty asinine comment; the OP doesn't require anyone's advice to make a personal choice or decision to be "concerned" (pun intended) about his/her immediate family.

As per current immigration law (as others mentioned), you can bring her here permanently only after you obtain US citizenship. But, obviously, she can visit you on B1/2 visa for periods of upto 6 months at a time.
 
re: citizenship application
I got my GC in May of 2007, so I figure it would be no early than May 2012

thomas_psu: if U stands for a university, we may be alumni of the same place :)

The reason I am bringing up the sponsorship is that she just had a run-in with the officer who then stamped her i-94 for only 1 month rather than reasonably expected (by law, section $214.2(b)) 6 months and also threatened to flag her so that next time at the consulate they will deny her visa outright :( No explanation was given.

So, I am trying to figure out the best way to handle the situation - considering she is a retired, elderly, it is plain difficult for her to fly back so soon, and that she already visited us several times without any issues and so has an excellent track record of returning on time etc.

Thank you for any pointers!
 
gagpol said:
re: citizenship application
I got my GC in May of 2007, so I figure it would be no early than May 2012

thomas_psu: if U stands for a university, we may be alumni of the same place :)

The reason I am bringing up the sponsorship is that she just had a run-in with the officer who then stamped her i-94 for only 1 month rather than reasonably expected (by law, section $214.2(b)) 6 months and also threatened to flag her so that next time at the consulate they will deny her visa outright :( No explanation was given.

So, I am trying to figure out the best way to handle the situation - considering she is a retired, elderly, it is plain difficult for her to fly back so soon, and that she already visited us several times without any issues and so has an excellent track record of returning on time etc.

Thank you for any pointers!
Click to expand...

A 6 month stay is not guaranteed; it is the MAXIMUM. She has obviously been determined to be attempting to live in the US on a visitor visa. As per your original posting, that certainly appears to be your and her intent based on her family and personal situation.

She has visited "several times" too often.

She needs to leave prior to the date on her I-94 and not visit for some time. Her being elderly and alone is not the problem of the USCIS. Because of the large number of illegal overstays from certain countries, the immigration officers have good reason to be suspicious of behaviour that tends to indicate disregard for US law even if a particular individual does not have that intent on a particular visit.
 
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thomas_psu said:
That's a pretty asinine comment; the OP doesn't require anyone's advice to make a personal choice or decision to be "concerned" (pun intended) about his/her immediate family.

As per current immigration law (as others mentioned), you can bring her here permanently only after you obtain US citizenship. But, obviously, she can visit you on B1/2 visa for periods of upto 6 months at a time.
Click to expand...


Her other option is to be qualified to work in H1B. Millions of older USCs continue to work into their 70s. Older, widowed, and retired are not reasons not to work.

His only option to live with and care for his parent at this time is in her country - not the US. US law is for everyone not just when it is convenient. OP's attitude is that his EB1 makes him superior to others and that he thereby did not need to wait like everyone who received their GCs as EB2s or EB3s. (Otherwise he would not have mentioned this in his posting. I was offended by his superiority complex, and you should be too.) He needed to be told bluntly the facts since his EB1 apparently has clouded his vision.

My statement stands; you make your choices: his only option to have his parent live with him at this time is to do it elsewhere.
 
Yes that is correct. 6 month is the maximum permissible (there is a possibility for extension, which is not guaranteed).

There isn't a rule of thumb here, but normally, what they consider is a 6 month period in any year is the maximum. And, if she has been visiting fairly consistently the IO at the POE can make his own (arbitrary) decisions. Her status as a retiree also counts against her. She would be well-advised to leave by the end of her visa.

Yep, I went to PSU (07, lived 5 years in state college for grad school)..finally got around to Texas, after stops at Champaign, IL and Evanston, IL.
 
Concerned4us said:
you make your choices: his only option to have his parent live with him at this time is to do it elsewhere.
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Exactly my point: choices are his own! If he wanted to live elsewhere with his parent, he wouldn't need advise on an immigration forum. I will leave this here..since it doesn't contribute to this thread..
 
No explanation needs to be given. It is obvious that the POE officer was highly sceptical of your mother's intentions. Looking at her travel pattern, he could have easily refused her entry and put her back on the next plane. She got lucky that he actually allowed her to enter. Best option is to ensure she leaves the US before the I-94 expires.

gagpol said:
The reason I am bringing up the sponsorship is that she just had a run-in with the officer who then stamped her i-94 for only 1 month rather than reasonably expected (by law, section $214.2(b)) 6 months and also threatened to flag her so that next time at the consulate they will deny her visa outright :( No explanation was given.
Click to expand...
 
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