Please Help, parents apply for green card

H

hope04

Registered Users (C)
Hi, Guys:

I have got a lot of helps from this board with my green card applying. Now I have a question for my parents applying for green card.

My brother will get U.S. citizenship this month and my mother is living with him on a visiting visa for 6 months. And he wants my mother to stay and help with his new born baby. So he plan to apply green card for my mom.

But my father is not retired yet. he is still working in my hometwon country.

The question is that, we heard, if my mom applied green card in U.S. , it will be very difficult for my father to apply visa to visit us in U.S. becuase. So that means my mom and my father will be separate for a while. Is this true?

Also, for my mom, if she applied for green card. Does that mean before she gets it, she cannot go outside U.S.?

Any answers will be appreciated!!

Thanks
 
*SIGH* The free desi domestic servant routine strikes again! :(

Apart from the moral lesson:
1. It shouldn't be a problem for your father if he applies for a visa while your mother is awaiting AOS green card. Specially if he is elderly and over 65 years of age. As long as your brother can show sufficient funds to cover his stay and has bought him health insurance etc. which will prove that he won't become a state liability.

2. Your mother can leave the country on AP just like everyone else, if she so desires.

On a parting note:
1. Your brother could always apply for a green card for your father as well. (never know he might need a gardener at some point of time in the future)
 
Originally posted by 140_takes_4ever
*SIGH* The free desi domestic servant routine strikes again! :(

Apart from the moral lesson:
1. It shouldn't be a problem for your father if he applies for a visa while your mother is awaiting AOS green card. Specially if he is elderly and over 65 years of age. As long as your brother can show sufficient funds to cover his stay and has bought him health insurance etc. which will prove that he won't become a state liability.

2. Your mother can leave the country on AP just like everyone else, if she so desires.

On a parting note:
1. Your brother could always apply for a green card for your father as well. (never know he might need a gardener at some point of time in the future)
Click to expand...
:D
 
irrelevant

Hello - isn't it taking YEARS (read 5-6) for parents of US citizen to get a visa number?

so even if the I130 application is approved, the mother/father does not have right to stay in US unless they have a valid tourist visa...

so in any event, his mom would have to apply for tourist visa in another 6 months.

am i wrong?
 
Re: irrelevant

Originally posted by long_wait_4_gc
Hello - isn't it taking YEARS (read 5-6) for parents of US citizen to get a visa number?

so even if the I130 application is approved, the mother/father does not have right to stay in US unless they have a valid tourist visa...

so in any event, his mom would have to apply for tourist visa in another 6 months.

am i wrong?
Click to expand...

Parents of US citizens are considered immediate relatives, therefore they are not subject to any quotas. if the parents are in US at the time of filing I-130, they can also concurrently file I-485 and EAD/AP. Once 485 is filed they will be considered in status until it is adjudicated.

If parents are not residing in the US, they will have to wait in their home country for I-130 approval and transmittal of approved petition to a US consulate for further processing. Once I-130 is filed and they cannot travel to US with visitor visa.

If I-130 is filed only for the mother, father will find it extremely difficult to obtain a visitor visa.
 
nkm-oct23

You are absolutely right.

My sister is applying for my Father's GC (My mother passed away 2 yrs back). So he will be visiting us on visitor's visa next month and we will apply for GC. After speaking to lawyer we have realised that he will not be able to go back to India, till he is approved. (He can, but he can not enter USA, till his petition is pending)
 
Dear 140_takes_4ever

I agree with your comments on free domestic workers and hate to say that I hate people with this kind of mentality. I have seen people living here for 5-6 years and as soon as the baby is there, they all of a sudden remember their parents.

What a right approach we have??
 
Re: Re: irrelevant

Originally posted by nkm-oct23
Parents of US citizens are considered immediate relatives, therefore they are not subject to any quotas. if the parents are in US at the time of filing I-130, they can also concurrently file I-485 and EAD/AP. Once 485 is filed they will be considered in status until it is adjudicated.

If parents are not residing in the US, they will have to wait in their home country for I-130 approval and transmittal of approved petition to a US consulate for further processing. Once I-130 is filed and they cannot travel to US with visitor visa.

If I-130 is filed only for the mother, father will find it extremely difficult to obtain a visitor visa.
Click to expand...

thank you - i understand now.
 
Re: Re: Re: irrelevant

After speaking to lawyer we have realised that he will not be able to go back to India, till he is approved. (He can, but he can not enter USA, till his petition is pending)[/B]
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Even if he has approved valid AP????
 
Thanks for the replys.

My mom has decided to stay and apply green card and my father will come back to home country next month. (He is in US now).

It looks like we have different answers on if it is easy or not for my father to applying visitor visa while my mom is AOS pending in US..

So, I am confused. Please advise if you know anything or you know anyone did this... Thanks.
 
Re: Re: irrelevant

Originally posted by nkm-oct23
they can also concurrently file I-485 and EAD/AP. Once 485 is filed they will be considered in status until it is adjudicated.

If I-130 is filed only for the mother, father will find it extremely difficult to obtain a visitor visa.
Click to expand...
In my opinion, as soon as concurrent 485 and AP is filed for, the parents can travel on AP. Since they will not be entering the country as tourists, instead will be entering as adjustees.

As far as the father having a problem after 130 is filed for the mother, I don't quite agree. This shouldn't prove to be a problem as long as the father is elderly. Offcourse filing for 130 for the father when he is outside the country and without AP would be a bad call since he won't be able to enter the country without adjudication of the 130, but if you follow the AP routine, I don't see this as a problem!
 
Thanks for your reply.

However, my father is only 59 this year. but it is definitely a relief to know that my mom can travel back to see him once she got AP.
 
60 is old enough hope04 to not have problems with INS!

But before you take advise from anyone on this forum, I would strongly advise you to discuss all the ramifications of the case with your lawyer. HE/SHE is the BEST person to give you recommendations since they know your entire case history and hopefully the law better than us.
 
140_takes_4ever, I agree with you that the lawyer is the best person to anwser the question.

But you don't know our lawyer. He is AXXXXXX. Sorry :)
 
Hope04,
I agree with 140_takes_4ever that there should not be an issue with a valid AP. I know a person, my friend's dad(55+) who has gone to India. My friend filed GC processing for his parents sometime in 2002 when they came as visitors. His mom is now leaving next month for 3-4 weeks. This is her second time leaving the country.
And also if your dad already has a visitor visa, I don't think there should be any problem for him to come again as a visitor, no matter your mom is in US in adjustee status.
But do consult your lawyer. There's no scarcity of lawyers in US if you're lawyer is Axxxxxx. Or may be you're used to getting free services :D
 
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