Green Card for Mother

T

thankamma

New Member
Hello;

I am a USC and my mother is a citizen of India. She has a 10 year tourist visa where she can visit me and stay here 6 months at a time.

Is it possible for me to file I-130, I-485 and I-131 while she is visiting me here?

Can we go thru the AOS process while she is in the country on a tourist visa or is CP her only option ?

If she can go thru AOS while visiting what are our options if her AOS does not come thru within 6 months ?

Thanks in advance
 
I want to pay your attention that there in no more CP for parents,spouses,children,you should send the i-130 to local CIS office in the unites states,(this law started 26 JAN 2007,I just spoke to my empassy in my country to comfirm that,,,,,,,,, :(
 
Consular processing is the stage where an immigrant is issued a visa at a consulate/embassy. So the comment "there is no more CP", is incorrect. What has happened is that "consular adjudication" of I-130 petitions has been halted. Consular processing of USCIS adjudicated petitions will continue, so that immigrants can be issued visas.

samn400 said:
I want to pay your attention that there in no more CP for parents,spouses,children,you should send the i-130 to local CIS office in the unites states,
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Basically the I-130 will be adjudicated by USCIS in the US and not by the State Department at a US consulate/embassy.
 
needurhelp said:
Yes, you can file AOS package along with I-130 here in US.


CP is an option if she'll be not here while her AOS is being processed. CP is another option but not the only option.



As soon as u receive the receipt for the papers submitted, her Visitor's Visa is forfeited. It doesn't matter whether her visa is still valid or not.
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Hi:

Interesting advice. You seem to have skipped any analysis as to intent. The OP does not provide nearly enough information to even start to guess as to whether intent may be a problem in this case. AOS MAY be an option, but it may be a very bad idea. It will turn on the facts. I am fascinated by how you arrived at your conclusion and advice.
 
Thanks for your reply.

"As soon as u receive the receipt for the papers submitted, her Visitor's Visa is forfeited. It doesn't matter whether her visa is still valid or not."

If we receive the receipt for the submitted papers while she is here (entered the country on her tourist visa) I guess we have to wait for the Advanced parole to come thru before she can travel again- Right ?
 
thankamma said:
Thanks for your reply.

"As soon as u receive the receipt for the papers submitted, her Visitor's Visa is forfeited. It doesn't matter whether her visa is still valid or not."

If we receive the receipt for the submitted papers while she is here (entered the country on her tourist visa) I guess we have to wait for the Advanced parole to come thru before she can travel again- Right ?
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Hi:

Are you sure that AOS is the legal thing to do in your case? It goes to the issue of intent. When did your mother decide to stay in the US? Entering the US on a tourist visa with immigrant intent is illegal and AOS can be denied.

I am not saying that is what happened, but I do not know the FACTS of YOUR case. You may want to get legal advice in your area before proceeding.
 
Piano Player - I think you might have a point on the "intent" issue. My mum is currently in India and since my Dad passed away last year I want her to come and live with me pearmently. I thought it would be easier to file the paperwork, get the photographs etc. while she is here visiting. But after doing some research it has become apparent to me that a tourist visa is for "visiting" only and cannot be used as a stepping stone for migrating.
Looks like my only legal option is CP. Can you explain to me how the CP option works ?
Thanks - appreciate it
 
thankamma said:
Piano Player - I think you might have a point on the "intent" issue. My mum is currently in India and since my Dad passed away last year I want her to come and live with me pearmently. I thought it would be easier to file the paperwork, get the photographs etc. while she is here visiting. But after doing some research it has become apparent to me that a tourist visa is for "visiting" only and cannot be used as a stepping stone for migrating.
Looks like my only legal option is CP. Can you explain to me how the CP option works ?
Thanks - appreciate it
Click to expand...

Hi:

I understand that you want her to come as quickly as possible. But doing it the right way is important, because it can save you a lot of hassle and problems later on. I do think CP is what you need to do.

Look up consular processing for immigrant visas on state.gov. You will file the I130 petition with your local USCIS Service Center. Once approved, it will be forwarded to the National Visa Center and then the appropriate U.S. Consulate in India. There will be more forms to complete along the way, incl. consular packets and medicals to be done by your mom, and eventually an interview. You can certainly help her with these over the phone or if you visit, in case she finds it overwhelming.

The above is a whirlwind summary ---- best place to start learning about the process is the State Department's website state.gov. Remember, that she will be dealing mainly with the State Department for CP and NOT USCIS - USCIS will only process the I130 you file here in the US.
 
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