Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Delaying green card application

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Delaying green card application

    Hello everyone,

    thank you for posting valuable in formation and thanks in advance for paying attention to my question.

    I am a naturalized citizen and recently submitted an I-130 for my mother, who is a foreign citizen, to initiate application for green card, as well as all necessary fees which have been received and approved, and her case is active at NVC now. The next step is to submit an actual Application for Immigrant Visa and Alien Registration (DS-230, Affidavit of Support, passport copies etc.).

    I have heard that to maintain the green card, one is required to spend 6 months out of each year in the US. It turns out it is actually not possible for my mother for the next couple of years. Hence, my questions:

    1) Is it possible to delay submission of Application for Immigrant Visa and Alien Registration at this step in the application process? If so, for how long? What are the consequences?

    2) Is this 6 months out of 1 year actually a true and enforced requirement, or is there any leeway in it?

    3) If we do not go through with DS-230 at this point, does it mean she is going to be ineligible for application later, let's say in 5 years? Is it going to interfere with her getting the visitors visa (this is how she is able to travel to the US for shorter periods of time currently)?

    4) Are there any other solutions to this problem that anyone knows?

  • #2
    It is not true that she has to stay 6 months of each year in the US. The immigration law states that " in order to maintain her residency as a Geen Card Holder/LPR Holder she need not to be away for a period longer than 179 days (less than 6 months). That means once is granted the Green Card she need to travel back to the US once every 6 months (stay a couple of days and then back). If she is not planning to apply for US citizenship then I think she can stay away up to one year each time she travels outside the US BUT NOT LONGER as she will break her residency.

    Now, if soon after she is granted her Green Card she will need to travel back home and she will need to spend sometimes at home country then she can apply for what is called "Travel Parole", with this obtained she can stay away up to two years without loosing her residency in US but this option can be obtained one time only in life.

    I advise you to go ahead and finish the immigration steps (DS-230, Affidavit of support....etc) for your mom.

    Comment


    • #3
      Thank you for your reply!

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X