Petitioning a greencard for my mother

[Jyoti Yelagalawadi]

Hi,

I am a naturalized US citizen for the the past 15 years. I want to get a green card for my 75 year old mother from India. She currently has a multiple entry Visa and is visiting us. She leaves for India in a month. When can I apply for her greencard and how long would it take for her to get it. Can she visit us during the application process?

Your help is appreciated.

Thanks,
Jyoti

[Trinity71]

Hi,

I am a naturalized US citizen for the the past 15 years. I want to get a green card for my 75 year old mother from India. She currently has a multiple entry Visa and is visiting us. She leaves for India in a month. When can I apply for her greencard and how long would it take for her to get it. Can she visit us during the application process?

Your help is appreciated.

Thanks,
Jyoti

It would be difficult for her to be allowed entry with a pending permanent residency application. If you file while she is here, she would have to stay here and file for advanced parole and once that is approved, she could travel back to India and would not have trouble re-entering the U.S. during the permanent residency adjustment of status. However, she would have to have the advance parole card before leaving or else leaving the U.S. would abandon the green card application. The entire process can quite awhile either way.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[NettieL]

Hi,

I am a naturalized US citizen for the the past 15 years. I want to get a green card for my 75 year old mother from India. She currently has a multiple entry Visa and is visiting us. She leaves for India in a month. When can I apply for her greencard and how long would it take for her to get it. Can she visit us during the application process?

Your help is appreciated.

Thanks,
Jyoti

You can apply for her while she is in the US, through the Adjustment of Status process. If you choose this route, she will need to wait for her Advanced Parole to be approved before she can travel back and forth. (If you want her to be able to travel/she wants to be able to travel, apply for this document when you file your petition).

Alternatively, you can apply through Consular Processing when she is back in India. You will apply through a Consulate which does these applications in India. She may or may not have trouble entering the US once this process is started, because once a petition is filed, it shows immigrant intent. Since a visitor visa doesn't allow you to have immigrant intent, it may or may not cause some issues at the border. She may have to stay in India until the process is completed.

AOS used to be quicker, but at the moment both processes take about the same time. Some may suggest 10-12 months, if it is a straight forward application.

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This is a personal opinion