priteshpatel2205

Hi,

My mother (57 Years) is a UK citizen and is presently on a short visit to USA on VWP. She has not overstayed ever and is still within the 90 days limit on this trip. I am a US citizen and want to apply for a Greencard for her.
My initial research suggest that her AOS application may be denied. I am looking for some advice on how to go about filing her GC.

One more thing, on this visit my mother and father visited me, but my father has suffered a heart attack and has been admitted to the hospital. He is fine now , but would take a few months to recover and my mom wants to be with him while he recovers.

Any advice is appreciated.

Thanks,

PP

ian-mstm

Yes, that's true... it could be denied. The US government is cracking down on an AOS from the VWP. This is why it's not a good idea.


File form I-130. When her VWP visit is over, she should return home. Once the I-130 is approved, she'll be invited to apply for an immigrant visa (IV). When she enters the US with that IV, she'll immediately become a US permanent resident (= green card). You'll need a separate I-130 for your father. I assume he's also a UKC. From start to finish... about 8-10 months.


Sorry to hear about your dad. There is no mechanism to allow your mom to stay beyond the 90-days alloted on the VWP. If either of them stay beyond those 90 days, they can never again use the VWP. The US government won't care why your dad couldn't leave on time, only that he didn't leave on time.

That said, if either of them do stay beyond the 90 days, it will likely not affect the IV application (as long as the overstay is under 6 months beyond the expiry of the VWP).

Ian

scrubbedexpat099

Usually the medical insurer would want to repatriate your father asap.

So might not be an issue.

priteshpatel2205

Ian,

If I file her I-130 and I-485 together now and let her overstay, will that be a problem?
I am trying to understand under what circumstances would my mother be considered "out of status" and would be allowed to stay until her GC application is under process? Is that after i-130 is approved?

Currently, she has completed about 60 days of her approved 90 days under VWP.

Thanks,

PP

meauxna

Are you doing this so your mother can stay short-term while her husband recovers, or she wants to live permanently in the US? What about your father's immigration status?

Noorah101

It could be. As you stated in your first post, your initial research suggested that her AOS application could be denied.

With an AOS application, the I-130 and I-485 are approved at the same time. Your mom will be "out of status" as soon as she hits day 91 of her stay in the USA. If she has an AOS in the system, she is allowed to stay until a decision is made on her AOS application. If it's denied, she has to go home and could have a ban from returning to the USA. It's risky.

As Ian suggests, having her return home to do the immigrant visa process is far better.

As meauxna says, what about your father? If he's planning to live in the USA, he will also need his own I-130 to start the immigrant visa process. If you plan to go ahead with AOS for them, he will need his own AOS package prepared and filed.

Rene

priteshpatel2205

I do want my mother to stay for good. But, at this point I will be happy if she can stay for short term until my father recovers.

My father is on B1/B2 and has a I 94 till Oct'2011 so I think that should be sufficient for him to stay and recover.
My mother is on VWP and has valid stay till July 20th 2011 and I want her to stay legally till Oct'2011 atleast.

I am thinking about filing her GC - i-130 and I-485 together, but I am not sure if she can stay in US while her application is under process. That's where I am getting confused.

Noorah101

That will be difficult, as there is no extension allowed on the VWP.

She might not be able to, as there is no extension allowed on the VWP. If she overstays the VWP, she can NEVER use the VWP again.

Yes, she is allowed to stay in the USA while a decision is being made on her AOS application. However, if it's ultimately denied, she has to go home and will most likely have a ban from returning to the USA. So it's a risk.

Rene

scrubbedexpat099

Yet again what do the Medical Insurer's say?

E3only

Just for my own information.

Say I am a US citizen
My parents are Indian citizen, born in India

I have to file their GC. Will the processing time be dependent on my parent's country of birth?

meauxna

Parents of US citizens are 'Immediate Relatives" (along with spouses and children under 21). There is no quota of visa numbers for them. Your parents visas would be 'charged' to the country of their birth, but it will not affect their processing time* because there are no country-specific limits for their category.

You would not be 'filing their GC' either. What you can do as a citizen is file a petition for each of them, which will eventually make them eligible to apply for their Immigrant Visas. Normally, this entire process (petition + visa) takes a little less than a year.

*The part of their processing that will be affected by their country of birth is the Administrative Processing that happens after the visa interview. This can add a few weeks to months on the very end of their application.

ian-mstm

Does your mother want to stay for good, and have you explained to her what the risks are? And then, what about your father? It sounds like you don't want your father to "stay for good" - which is to say, all your efforts so far have been for your mother.

Ian

meauxna

Part of what is confusing is that you're not giving all the story. What if your father gets better (or is sent home) before your mother's PR application is completed? Will she just abandon it?

Maybe you should contact an immigration attorney to find a way to what your *really* want to accomplish. Maybe this isn't the best way to get what you all want.

What about the answer to Boiler's question?

priteshpatel2205

I will try to summarize the situation here:-

- My dad is not a UK citizen but my mom is.
- Both of them travelled to USA in April 2011 together
- My dad got a I94 upto oct'2011 and my mom is on VWP and got a stay upto 90 days
- Both of them had no intention of staying in US got good when they arrived. But, due to the sudden heart attack that my father had, things have changed.
- We (my sister and I ) want our parents to stay closer to us so that we can take care of them.
- We want to file for GC for both of them and want to do it soon
- Our short term goal is to make our mom stay longer legally as her 90 day limit will expire in July. My dad has gone through a by pass surgery and there are complications so the doctors have suggested that we should avoid travel. Keeping this in mind, we are considering filing GC for both so that both of them can stay with us for good.


- The insurance is not covering the cost as they have washed off their hands saying this was a pre existing condition. Hence, we are paying for the medical cost partially and Charity care will handle the rest.

Noorah101

There is NO way to accomplish this one. The VWP visit cannot be extended, and if she stays beyond the 90 days (without filing AOS), then she will be here "illegally" (i.e., out of status).

Rene