Consular Processing for Mother Green Card

[tonyc001]

I just lost my father recently and am trying to bring my mother to USA to stay with us for some time. She can be here for some months in summer and back to India in winter. However, we are running into some issues with USA embassy. Here are my mother(s) case details:

1) She has two sons - both US Citizens based in USA - in respective business and jobs

2) Mother applied for B2 Visa at Delhi USA Embassy but was rejected after interview - they think she has immigration intent.

3) We have a choice to apply again for B2 visa with new details but given she was rejected 2 times in last 10 years earlier also; we think chances of getting B2  visa are very less now although we can try again in few weeks.

4) I am therefore considering filing a green card for her and here are our questions:

a) What is the process of filing for her Green Card ? What papers / documents are needed ?

b) Can I do this myself or a Lawyer is advised ? Any recommendations on who can do this well and how much will this cost ?

c) How much time is it taking these days for parents category (sponsored by US Citizen Son)?

d) Will she need to go for consular processing interview and can they reject there on any grounds ?

e) Are there any downsides of applying again for B2 visa while the Green Card application is filed ? or it is advisable not to file Green Card when trying for B2 visa.

f) Any other guidance or things I should keep in mind here will be greatly appreciated.

It is tough time for me and my family and I will greatly appreciate any advise here as I really want my mother to join us quickly. Look forward to your responses.

Regards

T

[pontevecchio]

4a. https://www.uscis.gov/family/family-us-citizens/bringing-parents-live-united-states-permanent-residents

b. Yes. See 1.

c. It will take about an year for her consular Interview assuming you have all documents or are able to provide what they request.

d. Extremely unlikely . They have no discretion in the matter. Their's is to process and not judge a petition. Grounds of inadmissibility could be for example untreated Infectious Disease like TB, criminal records.

e. Filing for a tourist visa is futile under the circumstances.

f. a to e.

[tonyc001]

Thank you for your message. We are considering for her to again apply for her visitor visa. Should I hold on filing the green card in these circumstances?

[tonyc001]

hello - Could someone guide on above question ? Thanks

[pontevecchio]

Her chances of approval are very low for the tourist visa in view of past denials. She can always try. The GC is a separate matter.