Apply GC for my mom - Procedure and documents required

[thetulsan]

Hello,

Pardon me please if this query is a repost.

My Dad passed away last year and my mom is taking her 3rd trip to the states coming November to be with us. She has 10 yr multiple entry Visitor Visa. When she visits us this time I would like to apply for GC for her. ( I'm a USC ).


Few questions:

1) Would some one please let me know the supporting documents my mom need to prepare from her side?

2) We weren't able to get the Birth certificate for her, also we don't have my parents marriage certificate.

3) If there are any other things I need to prepare.

If any one had this similar situation would you be kind enuff to let me know how you went about it.

Thank you for your help!

[C4us]

Entering the US on a visitor visa with the intention of filing AOS to a GC is inappropriate. Follow the proper procedure; begin consular processing either now and delay her visit until she receives her GC or wait until after her return to India to begin and have her move when it is received. Why risk the possible problems of her entering US with immigrant intent.

[TwilightTraveler]

Technically.. I wonder if it's inappropriate since it's not his/her mom intending to enter the United States with immigration intent.. It's her son/daughter wanting to file for her immigration which I don't know is inappropriate. But I very well could be wrong.

Anyway- I just posted else where: if she can't get a birth-certificate then she can get a non-availability of birth-certificate from where she lives- alternatively I believe affidavit from two individuals who were present during her birth can also be acceptable documents (so could be her high-school passing results with her birth date on it). Once again, I've just read something to that effect- I'm NOT an expert at all at this.

I also don't think she would require marriage certificate since your father has passed away (I hope that you folks and her are able to cope with his loss.)

Anyway, I hope that helps. Good luck..

[consultant]

Apply for her GC after she arrives and spend atleast about 2 to 3 months in USA. that would prove that she didn't have any intention of staying in US. but she changed her mind later and decided to apply for GC.

I don't think you require marriage certificate of your parents because you are applying for your mom, all you need is your birth certificate that would prove your relationship as a child with her. plus some picuture of you and parents together.

[PraetorianXI]

Apply for her GC after she arrives and spend atleast about 2 to 3 months in USA. that would prove that she didn't have any intention of staying in US. but she changed her mind later and decided to apply for GC..

That is a LYING to USCIS for immigration benefits, which could result in a PERMANENT BAN.

Fraud, is fraud... regardless of who "thinks it up"... Parents are engaging on this activity even if their children are the ones who are sponsoring... they do not have to file the I-485.

This kind of activities not only speaks poorly and ruins the reputation of India, but it makes it VERY HARD for other people to obtain visas, because of so much abuse from the ones that did get one.

[TwilightTraveler]

I don't see any mention of any nationality in original post or those who have responded. I apologize if this thread/forum is open only to Indians to post.

I have to agree that lying to USCIS (or any law enforcement agency) most definitely shouldn't be an option for anyone.

I did not give any inappropriate advice, the original poster mentioned that he/she is a "USC" (congratulations if you're a naturalized citizen- welcome home), in which case he/she has the "right" to file for his/her family's immigration at any time. The burden is on the relative to prove that the relative's intention is not to enter our country with an intention of immigration.

What "Consultant" wrote is highly fraudulent (I definitely do not advice that). But it also seems highly inappropriate to call it a "fraud" that an American Citizen wants to exercise his/her right in wanting to file for his/her family's immigration. That "right" has no time-limit, specific prerequisite, or restrictions- no matter WHEN they file. All that original individual asked for was what papers are needed and the whole technicality of words started here, discouraging him/her from exercising his/her rights!

[consultant]

Let me tell you something, this a forum website, people tell their opinion here and nothing is to gurantee anything before using any information from here you have to use your own brain and other resources of information.

The information I provided was from a resource from one of a lawyer and it had worked. This same information was also provided by one of the famous lawyer on TV. Suresh Dalal.

What I said previously was NOT fraud. What I said was that when you have visitor visa and you are coming to this country as a visitor with no intentions to become permanent you are coming to this country legally and it's not a fraud. As a human being people do change their mind and it happens a lot and the burden is obviously on the applicant to prove that his intentions was not to become permanent when he or she entered this country on a visitor visa.

That is a LYING to USCIS for immigration benefits, which could result in a PERMANENT BAN.

Fraud, is fraud... regardless of who "thinks it up"... Parents are engaging on this activity even if their children are the ones who are sponsoring... they do not have to file the I-485.

This kind of activities not only speaks poorly and ruins the reputation of India, but it makes it VERY HARD for other people to obtain visas, because of so much abuse from the ones that did get one.

[consultant]

Let me tell you something, this a forum website, people tell their opinion here and nothing is to gurantee anything before using any information from here you have to use your own brain and other resources of information.

The information I provided was from a resource from one of a lawyer and it had worked. This same information was also provided by one of the famous lawyer on TV. Suresh Dalal.

What I said previously was NOT fraud. What I said was that when you have visitor visa and you are coming to this country as a visitor with no intentions to become permanent you are coming to this country legally and it's not a fraud. As a human being people do change their mind and it happens a lot and the burden is obviously on the applicant to prove that his intentions was not to become permanent when he or she entered this country on a visitor visa.

[thetulsan]

Thanks guys for your time and posting your valuable comments/thots.