Adult children of immigrants- with special reason

[MerrianB]

Hello guys,

I was hoping you could help me out, I have no clue what category I would fit in, or what my options are.

My mother is an immigrant and permanent resident. She's married to a natural-born citizen, my stepfather.
I'm from a country with a visa waiver (the Netherlands), don't know if that makes a difference... I think not after 90 days.

My stepfather just retired. In a year or ten he, and my mother, will enter the age where a stroke or heart attack is not uncommon.
I want her to be able to be around family, especially when she gets Alzheimers and there's nobody around speaking her native tongue.
Should something like that happen, I want the option of moving to the USA for an extended period of time, and be able to work.

I know some permits can be a lengthy process to apply for, that's why I'm looking into it now.
Can anybody help me find my options?

[miiki]

I'm still learning, so excuse me if I made a mistake. I'm only covering family-based green cards. There are other avenues to immigration.

Currently, if you are unmarried, you could apply for an immigrant visa through your mother in category F2B.

The process would be:
1. Submit I-130 to establish relationship.
2. Wait until your priority date becomes current. They are currently on Dec. 2010.
3. If you are in the US, apply for adjustment of status or if you are outside the US, apply for an immigrant visa through consular processing. Your i-130 must be approved before consular processing, but it doesn't have to be approved to start an adjustment of status. Either could take another year.

If she were to naturalize, same process, but you'd move into category F1. They are currently on Mar 2011.

If you are married, she'd have to naturalize and you'd be in category F3. They are currently on Oct 2005.

Your goal would be to submit your I-130 as soon as possible, but keep in mind that you might have difficulty visiting the US once you do.

[MerrianB]

Thanks!

Just two questions:

-You suggested that if the process is ongoing, I might have difficulty visiting... is it not possible to use the 90 days visa waiver program while a work permit is being obtained? It would be nice to still be able to visit for Christmas.

-If it is granted, do I have to move immediately or can I still visit and have my work here until the need arises for me to be there long-term?

And I probably will be married in 10 years, is it not then possible to use the I-130?

[miiki]

Once you file the I-130, you’re saying that you intend to immigrate to the US. Border agents may be skeptical that you won’t just stay if you enter on a waiver. The burden is on you to prove that you don’t have any intent to immigrate on that particular trip.

A green card isn’t a glorified visitor visa. For you to keep it, you have to meet the requirements. I think one of them is presence in the US more than half of the year or something like that. And if you spend too much time outside of the US, you have to apply and wait for a re-entry permit.

Only US Citizens can sponser their married children over 21. Your mother would need to naturalize. It sounds like she could naturalize right now.