Green Card sponsor for mother, may return to India.

I agree that permanent residency doesn't sound like a good option for your mother, just to be able to extend her stay for 6 months. If she moves to another country to live there permanently and only visits the US every 6 months, she may be considered to have abandoned her permanent resident status. It sounds like she might be abandoning her GC shortly after she gets it, unless she can show intent to reside here permanently.

After you file an immigrant petition for her, it might be difficult for her to get a visitor visa again later, and if she's abandoned her GC then she can't return as a permanent resident either. However, if she can then prove closer ties to another country, she should be able to get a visitor visa again.
 
puneet_it said:
Exactly. That has been our dilemma. Which way should we go. She does not want to stay here forever. But we do need her here till Nov 08...I am just not sure how to approach the extension as the reasons are not good enough. USCIS will say that 6 mths was more than enough for any kind of tourism...

Need to figure out how to approach this scenario and the best possibly solution.:confused:
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You also may have to deal with or consider the "It Can NOT be done" option.

It is very unlikely that her extension will be approved, spend the next 11 months in the US for "personal reasons" will NOT be good enough.

Applying for a GC will be costly and really a waste of money and time if she does not plan to live here permanently.

So, send her back... and have her come back sometime in July? that would be best.
 
PraetorianXI said:
You also may have to deal with or consider the "It Can NOT be done" option.

It is very unlikely that her extension will be approved, spend the next 11 months in the US for "personal reasons" will NOT be good enough.

Applying for a GC will be costly and really a waste of money and time if she does not plan to live here permanently.

So, send her back... and have her come back sometime in July? that would be best.
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If we send her back in May 2008 then will she be allowed to reenter in Jul 2008. Is that even possible.
 
Not until November...

A visitor must spend more time in home country than in the USA.

Spending 1 year in the USA is not visiting. Best chances are sending her home in January/February then wait 6 months and bring her back.
 
puneet_it said:
If we send her back in May 2008 then will she be allowed to reenter in Jul 2008. Is that even possible.
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Sometimes people get away with this, but its entirely at the discretion of the officer at PoE. What I've heard often happens is the visitor will be allowed to reenter, but only for a month or two, rather than the full 6 months they got the first time around.
 
We are thinking of going with the Green Card option. I would like to know one thing. If we file Form I-130 right now then what happens if it does not get approved before the I-94 expiry date for my mother (in May). Would she be considered in status at that time.

Maybe we can slow this process which might give her a chance to go back to India and do CP. But I want her to be in status to avoid problems.
 
puneet_it said:
We are thinking of going with the Green Card option. I would like to know one thing. If we file Form I-130 right now then what happens if it does not get approved before the I-94 expiry date for my mother (in May). Would she be considered in status at that time.

Maybe we can slow this process which might give her a chance to go back to India and do CP. But I want her to be in status to avoid problems.
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Assuming you file both I-130 and I-485 at the same time (which you can because your mother is an immediate relative of a USC) there will be no problem with an expired I-94. As soon as someone files for AOS they enter into protected adjustee status until the I-485 is adjudicated.
 
boatbod said:
Assuming you file both I-130 and I-485 at the same time (which you can because your mother is an immediate relative of a USC) there will be no problem with an expired I-94. As soon as someone files for AOS they enter into protected adjustee status until the I-485 is adjudicated.
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Thanks again. So it looks like I cannot file I-130 all alone as that will not allow her to be in status after the I-94 expiration. Is that correct.

Where on the internet can I find more info related to this.
 
puneet_it, you may want to rethink this again, attending someone's wedding and a birth are not exactly reasons why someone would petition to permanently stay in a country.

But, I think you've listenend to all our advice, including financial considerations and that it may become more difficult for your mom if she abandons her GC (e.g. intends to reside permanently in India again and only visit the US occasionally) to get a visitor visa again because she'll probably have a higher burden of proof to overcome the presumption of immigrant intent; and you decided to still pursue this option, which is ok if you know all the implications.

To answer your question, your mom is your immediate relative and you'd be concurrently filing I-130, I-485, some other required evidence, and some documents for travel and perhaps employment if you so wish. Her legal stay will be extended for the time that the I-485 is pending (from when USCIS receives your application until a decision about her GC is made).

Why would you want to file I-130 alone if you can file concurrently? It will cut out several months from the process.

There's an entire thread dedicated to GC and AOS for parents.
 
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puneet_it said:
Thanks again. So it looks like I cannot file I-130 all alone as that will not allow her to be in status after the I-94 expiration. Is that correct.
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An I-130 on its own does not convey any legal status for the beneficiary. You either have to file the I-485 (or extend the B-2 visa) if you want your parent to remain in legal status beyond the current limit set in the I-94.
 
austriacus said:
Why would you want to file I-130 alone if you can file concurrently? It will cut out several months from the process.
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The hope was to slow it down so that she can go back to India and do CP around Jan 2008. She is beginnig to accept the fact that she will have to stay here atleast 6mths every yr. Also we will need her help after the delivery for atleast 4-6 mths.

Financially it will be costlier but if we hire Nanny for 3 mths it will be higher. Plus your own family is better than Nanny for baby. Because both me and my spouse work and I travel a lot...

Ideally extension would have been great but I understand it is just impossible to even try that.

This board has been the best place to learn the process.
 
Puneet,

Your mom will need to LIVE in the USA permanently, not 6 months every year... after a few times of her entering and leaving, she will be stopped at the POE and questioned whether she really resides in the USA or India. Her GC could be revoked.
 
From processing times I hear thrown around, which is around a year from filing I-130 to when CP is complete I think, it sounds to me there's a chance your mother might miss your important events if you send her to India for CP at this point.

I think for your situation it would be best if she can file for AOS and stays here, unless you feel that she can't prove she had nonimmigrant intent when she arrived. Also, familiarize yourself with the 30-60-90 day rule, because I gather your mother entered on her nonimmigrant visitor visa fairly recently.

Make sure she understands that if you all go the AOS or CP route, her expressed intent is to live here, she can visit India, but she'd also be taxed on her worldwide income in the US and (if she's retired I suppose this does not apply but I'll say it anyway), she should not accept employment in a foreign country. So she basically has to decide where she wants to live. But if she's ok with living here for a couple of years while taking care of your child and making occasional visits to India, perhaps this is a good option for all of you then.
 
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