attxfer Posted November 21, 2016 Report Posted November 21, 2016 I am a permanent resident since 6/15/12 and my mother who is in visitor visa I-94 is expiring this Dec 5th, but my dad passed away last week and I would like to keep her with me by filing I-130 Parent, since I am the only son for my parents. What are my best options, Please list out in detail.
pontevecchio Posted November 22, 2016 Report Posted November 22, 2016 Once you are a citizen, you can sponsor her. In the meantime you should concentrate on getting the paperwork necessary for filing her GC once you are a citizen. In view of the uncertain future of Health care for all compulsory or otherwise, you may find getting some breathing room to be a benefit to you all.
attxfer Posted November 22, 2016 Author Report Posted November 22, 2016 Thank you, but how can I retain her, since I am only eligible to file for my citizenship from Mar 17th 2017, and it might take 4-6months, I have applied extension I-539 which will be until June 3rd 2017. I will not have my citizenship before then, so the main question, How can I keep her inside US, so that I can sponsor her after August 2017? Can I apply one more extension or change of Status after June 3rd? Please let me know.
pontevecchio Posted November 22, 2016 Report Posted November 22, 2016 Any further extensions beyond one year will not be possible. As I said once you are a citizen, you can file for her. She would need to return in the meantime.
attxfer Posted November 22, 2016 Author Report Posted November 22, 2016 My parents came with B2 and my dad passed away, so I am filing I-539 for extension for my Mom.Her extension can be until 6/3/2017 My naturalization eligibility is only on 3/15/2017, If it would take 3-6 months, I would get it approximately by 6/15/2017 or greater What are the best possible options I have, to convert her from B2 to GC with the above constraints by retaining her within US? Should I really NOT extend now and take her back to India for 2-4wks, so that I have one full year with another extension after six months, which will be easier even my citizenship delays Will she be admitted or questioned back within 2 weeks at the port of entry? or is it the same even after a year, since she is not having enough gap? After this extension, If I take her back to India for 4 wks and bring her back, will she be admitted? Is continuing to stay even after extension period is unlawful or will it affect her AOS or GC process? Does the parent of an US citizen does not have to be in legal status in US?
pontevecchio Posted November 22, 2016 Report Posted November 22, 2016 The option you have is to have her leave and stay in India till you become a citizen and then file for her. The other option is to discuss the situation with a Lawyer.
JoeF Posted November 22, 2016 Report Posted November 22, 2016 A visitor needs to spend more time abroad than in the US. traveling again to the US after 4 weeks is a really bad idea. She needs to stay in her home country for more than a couple of weeks.
attxfer Posted November 23, 2016 Author Report Posted November 23, 2016 Thank you for the inputs. I have scheduled a consultation with Murthy Attorney today.
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