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Filing for Green Card-Parent.

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I am hoping someone experienced like JoeF/pontevecchio can shed some light. We are definitely planning to consult with an Immigration attorney once we have the paperwork in order, but given the pending changes in Immigration, we need some clarity.


Background: Sister is a US Citizen, she is planning to apply for our mother's Green Card, Mom has a visit visa currently and visits us once in two years. 

-If her petition (either AOS or CP), is denied, how does it affect her existing visit visa (can she still use it to visit say next year?) and any potential future renewals?

-If we do decide to do AOS, while none of the forms indicate any wait period, we have been told to wait 60-90 days before we apply for AOS, after she is here on the visit visa. What are your thoughts on this?

Thank you for taking the time to read and answer this and all the guidance you give on these forums generally, its invaluable.



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Once an immigrant petition (I-130 in this case) is filed, it is very hard to impossible to enter the US on a visitor visa. That's because the visitor visa doesn't allow immigration intent, and an I-130 shows that the person has immigration intent.

But, why do you think an I-130 or I-485/CP would get denied? For a parent of a US citizen, this is pretty much a no-brainer.

As far as the 60-90 days is concerned, the issue is that at the time of entering as visitor, the person can not have the intent of adjusting status to Permanent Resident (or changing to another non-immigrant status.) Since intent is hard to determine, courts have come up with the 30-60-90 day rule, basically meaning that within 30 days of entering, the presumption is that the person had immigration intent when entering, so that's a problem. 60 days is kind of indeterminate, and at 90 days of entering, it can be assumed that the person didn't have immigration intent when entering on the visitor visa.

But even a denial can be overcome with the help of a good lawyer. I have friends, he a US citizen who grew up in Europe, his wife a European citizen. When they moved to the US, they filed I-130/I-485 pretty much immediately after they moved here. Not surprisingly, it got denied. When they asked me about advice (they should have asked me before filing), every second sentence in my email to them was "get a lawyer"... The lawyer managed to get the I-485 approved. It would have been easier (and cheaper) if they had consulted a lawyer before filing the first time...

So, your best option is to consult with a lawyer, to make sure you have all bases covered.


Edited by JoeF

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Assuming no lack of proof of Mother Daughter relationship, the petition cannot be denied. But it is much simpler and easier to file her I-130 and have her get the Immigrant visa at the appropriate consulate back home. What is the great urgency? In fact with proper documents available she should be able to get her IV in 6-8 months from the time of filing the I-130. If you are going to involve a lawyer, it makes sense to do it sooner rather than later so that you can consider their guidance.

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The 90 day rule is an USCIS diktat and not a court decision. There is no reason to avoid consular processing as that is much more efficient and faster than AOS.

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Thanks to the both of you for being generous with your time and advice. 

Joe F, Yes, we will consult with a lawyer, your point with the friends case is well taken.

Pontevecchio, the "urgency" is more for getting her in the system before the planned changes that might affect family based immigration. Parents and siblings will be excluded if the deal for DACA/wall/funding goes through (or thats what the wishlist is). No one can say if this will actually go through in this round of negotiations but the risk is indeed there. We were advised that CP is a 15-24 month process for India, but even it is, we are not ruling out as an option.

Thank you again, i will update once we have talked to a lawyer.


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CP is a 6 month procedure if you have all required documents. There is no way a bill of the nature you describe will pass. Discount the wild rantings of the chief Tweeter. By end November, all will be well. Do not make decisions based on hearsay. The republicans are in a desperate situation fighting for their political life . It is much more likely that the house and Senate will revert in November than it is likely that any such restrictive Immigration bill will even pass committee. POTUS may even have to be pardoned by the next President. AOS is a long drawn out process. Fell free to reply to this missive in End November.

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