Apply for green card from here or from India

[persistent70]

I read in these forums that it is risky to apply for GC when your parent/sibling is on a visitor visa (10 year visitor visa or doesn't matter) and is here at the time you apply.

Given that,
- what is the success rate in such cases - 80-90% or 30-40% ...
- how can you cut down the risk.
- if he/she does get rejected, then will the visitor visa be voided as well ?

In my case, it is really difficult for my mother to go to an embassy in India and go thru this process. It is much easier for me to apply when she is here in Chicago.

Thanks

[inolepehc]

my answers in red below:

I read in these forums that it is risky to apply for GC when your parent/sibling is on a visitor visa (10 year visitor visa or doesn't matter) and is here at the time you apply.

this is true, the immigration officer will possibly think she's abusing her B2 visa, in other words, she just came here to US to stay and not just to visit as she was supposed to when she requested her B2 visa. and to be honest with you, after reading this, to me looks like she is. but you may have your reasons and i am sure you came here not to find out if this is a "right or wrong" issue, but for answers for your specifc questions. keep reading below.

Given that,
- what is the success rate in such cases - 80-90% or 30-40% ...

i would be surprised if someone can answer this question. it is really hard to tell. i don't think you can find statistics about this matter anywhere.

- how can you cut down the risk.

i would say get a lawyer. and dude, sorry if i dissapoint you because you maybe expected a different answer but that's not allowed here and rules are rules man, if i want to be part of this forum, i have to follow them (/me thinking: even when i think in a different way)

- if he/she does get rejected, then will the visitor visa be voided as well ?

i am almost sure. if they determine you were trying to abuse that visa, they will void it and ask your mom to go back home inmediatly i guess.

In my case, it is really difficult for my mother to go to an embassy in India and go thru this process. It is much easier for me to apply when she is here in Chicago.

then this is what you have to prove. show them how hard it is. make sure you have a very good reason. as i said before, a lawyer can do this better than you could.

Thanks

good luck and best for your mom.

[inolepehc]

you know, i kept thinking about you and your mom for a while.

even if i were allowed to give you "some ideas" of what to do, again, this would be just ideas, and i am not a professional, so don't hesitate to hire a lawyer. it's gonna cost you more and at the end it may seems like it was too easy and not worth it to pay for a lawyer, but it's your mom and if i were you i wouldn't take any chances.

[persistent70]

Thanks

Thanks for thinking about this..

We had this plan of my mom visiting us every summer since two years. She came 10 years ago and then she came last summer and this summer.

She is much healthier here and closer to me/my brother. She will have the leeway to stay longer if she wants and will not have to worry about getting stamped for shorter time in the airport etc. She may not be able to travel for that long in a couple of years..

Any suggestions for immigration lawyers in Chicago area.. I'm sure there are plenty... but somebody reasonable.