Cb

What's next after a parent arrives on U.S. soil to obtain permanent
residence, especially in terms of timeline? I assume we start with an
I-485, etc. Does the process end with an on-site interview? What is she
must depart temporarily and misses the interview date? What's the
"normal" range of time between filing the I-485 package and interview
date? TIA,

CB

crg

Your post says she has an immigrant visa already. Does she? If so, she doesn't have to do anything but wait for the permanent card to arrive once she is admitted with the MRIV and packet. No I-485 is to be filed.

If she doesn't have the immigrant visa yet, then she shouldn't seek entry yet. It's unlawful for her to enter the US as a visitor with the intention of adjusting to permanent resident. If she wants to immigrate to the US, then she should have the immigrant visa from a consulate abroad in her hand when she gets off the plane in the US.

fatbrit

Of course, it could be a different kettle of fish if she's already arrived here on a visit and has changed her mind about going back!

Cb

Thank you.

Yes, she has the immigrant visa in hand. Once she arrives, is she
allowed to leave again temporarily after a short stay (say, 30-90
days)? She would like to eventually stay here permanently, of course,
but must return to her native country periodically to care for her own
mother (who is 92!). Does she need a travelling document or can she
leave and return on her current passport with the immigrant visa?

How long does it take for the permanent card to arrive here once she
enters?

I suspected that she didn't need to file for the perm card as the
documents to do so looked almost exactly like the ones she already
filed. I don't know what's in the packet as we didn't get any other
notices once we heard she was approved at the consulate.

CB

fatbrit

The stamp she will receive in her passport is good for a year; she doesn't need to wait for the GC to arrive. The actual GC should arrive in 2 to 3 weeks after initial entry.

However, and it's a BIG however, she *can't* really be a permanent US resident and live outside the US. She needs to visit her mother, not visit the US!

Amanda

CB wrote:
    > What's next after a parent arrives on U.S. soil to obtain permanent
    > residence, especially in terms of timeline? I assume we start with an
    > I-485, etc. Does the process end with an on-site interview? What is she
    > must depart temporarily and misses the interview date? What's the
    > "normal" range of time between filing the I-485 package and interview
    > date? TIA,
    > CB

Aren't the people from this ng nice? When you are confused, there is
plenty of help here:)-

Amanda

CB wrote:
    > Thank you.
    > Yes, she has the immigrant visa in hand. Once she arrives, is she
    > allowed to leave again temporarily after a short stay (say, 30-90
    > days)? She would like to eventually stay here permanently, of course,
    > but must return to her native country periodically to care for her own
    > mother (who is 92!). Does she need a travelling document or can she
    > leave and return on her current passport with the immigrant visa?
    > How long does it take for the permanent card to arrive here once she
    > enters?


Here is what I know from a family friend: She (and hubby and minor
children) got a GC stamp (for each of them) at the port of entry to
US.
They left minor children with relatives and left because the hubby
couldn't stand living here. The mother goes back and forth because of
the children while the father gave up coming back. I have no idea how
long she stays here when she comes here each time. She does go back and
forth a alot.

Your Mom can do the same, I guess.

Noorah101

Hi Amanda,

In the scenario you mention, the father is probably abandoning his permanent residency in the USA, if he hasn't done so already. The mother might be walking a fine line herself. I wouldn't recommend it to anyone.

Best Wishes,
Rene

Cb

Thanks folks, you've cleared up a lot!

In our case Mom/Grandma is coming in on a petition from her daughter
(my wife). She'll need to return to visit her mother and the current
expectation is that she'll probably need to visit her in the old
country more months than she actually spends here at least for the next
couple of years as caregiver. Unless, of course, that's getting too
close to that fine line, since the U.S. is where she's going to reside
permanently once we get over this transition.

Is there a rough guideline as to how much time she should spend in each
place each year so as not to endanger her GC status?

Thanks again!

- CB

Noorah101 wrote:
    > > CB wrote:
    > > > Thank you.
    > > > Yes, she has the immigrant visa in hand. Once she arrives, is she
    > > > allowed to leave again temporarily after a short stay (say, 30-90
    > > > days)? She would like to eventually stay here permanently, of
    > > > course,
    > > > but must return to her native country periodically to care for her
    > > > own
    > > > mother (who is 92!). Does she need a travelling document or can she
    > > > leave and return on her current passport with the immigrant visa?
    > > > How long does it take for the permanent card to arrive here once she
    > > > enters?
    > >
    > >
    > > Here is what I know from a family friend: She (and hubby and minor
    > > children) got a GC stamp (for each of them) at the port of entry to
    > > US.
    > > They left minor children with relatives and left because the hubby
    > > couldn't stand living here. The mother goes back and forth because of
    > > the children while the father gave up coming back. I have no idea how
    > > long she stays here when she comes here each time. She does go back
    > > and
    > > forth a alot.
    > >
    > > Your Mom can do the same, I guess.
    > Hi Amanda,
    > In the scenario you mention, the father is probably abandoning his
    > permanent residency in the USA, if he hasn't done so already. The
    > mother might be walking a fine line herself. I wouldn't recommend it
    > to anyone.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

Hi CB,

No, there is not really a guideline. It is up to the officer at the POE each time to determine if mom should be let through. Then, when mom tries to naturalize, it's up to the officer to determine if she meets the requirements of continuing presence in the USA. Keep track of all her travels, as you will need to list them on her naturalization paperwork, if it comes to that. You might look into getting her a "Re-entry Permit", by filing form I-131, which is used when you plan to be away from the USA longer than about 6 months at a time.

Best Wishes,
Rene

meauxna

CB, which is it! Immigrant Visa will be glued in her passport. Does she have this?
Petition is still a 'hope' and gives her no permission to live in the US yet.

'Time' in or out of the US is only a part of the equation. She must demonstrate that the US is her principle residence.
This link might help you both!

Now That You Are A Permanent Resident
http://uscis.gov/graphics/howdoi/PermRes.htm

Welcome to the United States:
A Guide for New Immigrants
http://uscis.gov/graphics/citizenship/imm_guide.htm

Cb

Sorry, I meant to say that her immigrant visa *originated* from a
petition by her daughter. Already granted. I haven't seen her passport
myself, but have been told she will come in with a "packet" that
establishes her permanent resident status upon entry. Somehow,
yesterday, I was under the impression that there would be additional
forms to fill out. I see that is not the case.

I will study those links, and have already studied others. I now
understand the basic criteria and what a POE will look at. Should not
be a problem as long as we document things that we otherwise might take
for granted, since we know her intent to stay. I do wish, though, that
we'd bought a one-way ticket to the U.S. instead of a RT this time. :)
Future visits to the old country should start from here, eh?

Great group!

CB

meauxna

It's all very exciting, and the more she knows before she gets here, the easier it will be for her.
The POE is no big deal. She will come into the Immigration Hall from the plane, and if she has her big envelope out and visible, and officer will likely direct her to the 'best' line. Otherwise, she goes to Visitors. They will take her passport & envelope, ask her maybe one question and direct her, or lead her to Secondary Inspection. She may need to take a number (like the bakery) here and wait her turn.
The officer will go through her envelope and check everything, perhaps asking a few questions. She will give a fingerprint and signature for her Green Card. Her visa will be stamped/endorsed and from that moment, she is a Permanent Resident. She can travel on just the stamp, but her card will probably come within a month. If she applied for a Social Security number on her visa application DS-230 II, that will also be sent, probably within a month with no need to go the the SS office. She will be asked to confirm her mailing address at the POE. I don't know how her English might be, and officers can be really nice, or very impatient. Some people are bothered that the officers are armed, as a forewarning.

As for the future, and plane tix, that's the age old question. Sometimes the one way is cheaper, often not. Sometimes the tix are cheaper from overseas (often) but sometimes not. If she'll be traveling a lot, learn those details and buy open return tix, or 6 month return etc. That's a topic for its own whole thread!

Happy travels to her, and Welcome to America, mom!

Amanda

Noorah101 wrote:
[..]
    > Hi Amanda,
    > In the scenario you mention, the father is probably abandoning his
    > permanent residency in the USA, if he hasn't done so already.

That's what he wanted to do. They were an older couple and were not
keen on staying here. The mother was the oldest among her siblings.
All her siblings are in US.

He's a physician, one of the few doctors in the rural city my
brother-in-law went to practise medicine for some time, and was
planning to retire and reduced his practise and so he wanted a social
life. He's probably retired by now.

    > The
    > mother might be walking a fine line herself. I wouldn't recommend it
    > to anyone.

I wondered about that. I guess she doesn't care when it comes to that.
She is coming and going only because of the two youngest children (16
year old boy and 17 1/2 old girl at the time). Even then, I heard the
the boy went back home. They were living with an maternal uncle (and
his wife) and the boy moved out and eventually went back.

A few months after they emigrated, the age-out law came out. (I am not
sure they are aware of that now). Had they known about that, they might
have waited a little longer till the children were a bit older.


I wonder what's going to happen to the boy's residency. I know that he
hasn't come back since he left in 2003 or 2004; he would be over 18 by
then. (Being the baby, he obviously needs to be near his parents. ) Can
he apply for the residency later?

    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Amanda

CB wrote:
    > Sorry, I meant to say that her immigrant visa *originated* from a
    > petition by her daughter. Already granted. I haven't seen her passport
    > myself, but have been told she will come in with a "packet" that
    > establishes her permanent resident status upon entry. Somehow,
    > yesterday, I was under the impression that there would be additional
    > forms to fill out. I see that is not the case.
    > I will study those links, and have already studied others. I now
    > understand the basic criteria and what a POE will look at. Should not
    > be a problem as long as we document things that we otherwise might take
    > for granted, since we know her intent to stay. I do wish, though, that
    > we'd bought a one-way ticket to the U.S. instead of a RT this time. :)
    > Future visits to the old country should start from here, eh?
    > Great group!
    > CB

What about this?

You should posted a question here before ven bothering with applying
for the immigrant visa.

I wonder whether she can still not use that visa and then later apply
for it again when she is ready to reside here?