Greencard for my mother

[persistent70]

Hi
I'm planning to sponsor GC for my mom. She came to USA recently on visitor visa. I have been US citizen for more than 3 years. Is it ok to sponsor like this or is there a risk.
How long should she stay to complete the process. She has 10 year multiple visa. She has 6 month stamp when she came here, at the airport.

Thanks

[txh1b]

Applying for one while on B1 within 90 days of entry is risky and not advised.

Once an I130 is filed for family based petition, the multiple entry visitor visa may no longer be used as the person has established immigrant intent. There is a possibility for the person to be turned back at POE if a visit happens on vistor visa later on.

[PraetorianXI]

Does your mom plan to stay and live in the USA permanently? She can not go back and forth between India and the USA. A GC is not "the easy way" to have her come and visit.

[persistent70]

Would 3 months be enough after that ?

Appreciate your quick reply. Thanks.

I have heard either ways - applying when somebody is here and get the GC within 6 months of their stay and some people advising that if you apply like that, you may be rejected and not being able to come for ever.

Need I-130 approved - don't know how long this would take and Adjustment of status after that - don't know how long that would take. I'm concerned that she would have leave before the above is will be done, as her 6 month time will be over to get I-130 and Adj. Status.

Not sure which way to proceed. Any suggestions.

[persistent70]

Yes, we are thinking of having my mom here..

permanently, as we would like to take care of her here. It is getting difficult for her to stay in India.

[txh1b]

Check the I130 processing times for your service center here http://www.immihelp.com/timings/processing-timings.html

Make sure you check the right category in there to look up the times.

Check this for instructions and some FAqs

https://www.immihelp.com/form-i-130-...lien-relative/
As an immediate parent is not subject to visa number restrictions by preference category, it should not matter much to your case.

Pending AOS will give authorized stay to your mom. I am not sure if pending I130 gives the same or not or if a concurrent filing is possible in this case.

[persistent70]

I live in Chicago. We apply thru Nebraska service

Center. I don't see any dates for I-130 for Nebraska.

[PraetorianXI]

Wait until it has been 90+ days since she arrived. Then file I-130 and I-485 TOGETHER (along with its support and required forms, such as I-693, I-864, G-325a).

Send it all to the Chicago Lockbox address found on the I-485. It will probably take 4-6 months from the date you file until she gets her GC. But once she files I-485 her status is "PENDING AOS". So she is allowed to stay until a decision is made.

If she needs to return to India for a brief visit while her application is being processed, then file I-131.

[txh1b]

Center. I don't see any dates for I-130 for Nebraska.

May be they will transfer the application to other service centers that loadshare. I don't see any dates for Texas either.

So California and Vermont seem to be the one processing.

Further more, reading of I130 says you can concurrently file 485. So your mom can choose to say legally even if the I-94 expires under "authorized presence by Attorney General"

[persistent70]

If the centers are sharing the load and

.. nothing in Nebraska, would that mean it would take longer for Chicago applicants ? What would be the circumstances under which she may be rejected. If it does happen, she cannot stay here. Right ?

Thank you both for an quick and excellent response ! Appreciate it.

[GautamGandhi]

Did you apply for AOS persistent?

I am also in the same boat. I am thinking what to do whether to do AOS or CP.

My parents are on visitor visa and I want to give them GC.

[PraetorianXI]

I am also in the same boat. I am thinking what to do whether to do AOS or CP.

My parents are on visitor visa and I want to give them GC.

Do they want a GC? to live here permanently?