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  • Immigration for mother

    My parents have been here in US twice. One time they got extension approved. Second time they went to Canada to visit family and on their returning to US was given another extension after some hesitation from the immigration people at the US border. they were in Canada for 3 weeks.
    My father passed away two months ago, I want my mother to come and stay with me here in US. Only sister there in India. Mother has 10 year multiple entry visitor visa. She came here to US after a lot of haggling with the immigation people at the US airport.
    I have uncles(mom's brothers) who are citizens here and willingly to apply for her GC. I myself am a green card holder and will not become citizen for another 3 years. She does want to visit my sister from time to time in India.
    Please advise how can my mother stay with me?

  • #2
    *Is she in US now?
    *What was the reason for problems at the airport?
    * When was the problems eposiode?

    It will be a long wait for her if her brother applies for her GC (12 years)
    The best way for her to get her GC is through you when you become a citizen. That process will still take about 5 years from now.
    ( 3yrs for you to apply for citizenship+ 6m-one yr to become a citizen+one year for her immigrant visa processing).

    What is your mother's education? Was she working in India or a housewife?You can try to keep her in US by trying for other non-immigrant visas till you become a citizen.

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    • #3
      More clarifications

      Thank you peace for the reply.

      Yes she is in the US now uptil May06
      She is a housewife though she has a post graduate in physchology.
      And the immigration person at the LA airport mentioned that she was "playing games" by getting extension twice when visiting. He even called my cellphone # and discussed this with me. I was very tempted to tell him that both those extensions were valid but kept my peace and just talked along. He mentioned that the 10 multiple entry visa is something where the person visiting should spend more time in India and less in US. I see that as a threat that they might send her back one of these trips saying that she is frequenting too much. Is this some rule ?

      Another question is that in case her brother apply for her GC. Can she stay here right after her petition is approved or only when she physically gets the GC, is she allowed to travel back and fro to US ?
      Thanks for the timeline. I think that this will give me more insight in viewing my options here.

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      • #4
        If her petition was from an immediate relative, a US Citizen child or spouse,
        she could stay even after I 94 expiry and get her gc right here in US.
        But not when her brother is filing. In this case, she will be illegal the moment her stay on her l 94 expires even with a pending petition from her brother.

        About extensions and staying long on a visitor visa;
        No offence but here I agree with the inspector. A visitor visa is meant for visits and not staying 11 months out of 12 in US even though they may grant extensions once in a while. I do not think she will have any problems entering again if she DOES NOT apply for another ext. and spends
        a good amount of time in India say 6 months before reentering.

        Since she is a very well educated lady, you could find her some work in US
        that is if she wants to and is workable age. With some effort it may even be possible to get her an H1 visa if someone would be willing to employ her.

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        • #5
          Thanks very much for your response again.
          I think that what you are saying is that there is no recourse for her to stay with me (her only son ) at length, even though that I am bearing all the expenses for her.( and not the state). I would not even mind her going back to India every 6 months and then come back in a couple of months.
          Yes she is workable age but I would rather go back to India than have my mother work so that she can she can stay with me here in the US.
          Any other suggestions would be welcome.

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