Green Card for mother visiting US

[ashima18]

Hello ,

 

My sister is a US citizen and wants to apply for my mother's GC who is visiting us these days in the US. Is it advisable to apply for the GC during her stay in the US or we should apply after she goes back to India.

 

Would really appreciate if any one can help us on this.

 

Much Thanks!!!

 

[pontevecchio]

It depends on the circumstances. She can certainly apply and being an USC the Immediate Relative petition will not be affected by timing. It can also be done by CP. If she uses a Lawyer she will be OK either way.

[jairichi]

I believe your mom is entering US on a visitor visa. If a GC application is filed during her stay in US and for some reason she travels shortly outside US it is almost impossible for her to use her visitor visa as her GC application filed demonstrates her immigration intent.

 

Similarly if a GC application is filed when she is outside US she cannot enter US on a visitor visa.

[ashima18]

Thank you for the replies.

 

Yes my mom is on Visitor visa. My sister contacted certain lawyers and they suggested to apply for GC after she goes back because USCIS can reject the GC application based on the suspicion that her intention was of not going back.

Is it true? or we should be fine applying for GC during her stay in the States?

 

Also how long usually it takes for her to get a GC?

 

Would appreciate if you can reply 

 

Thanks !!!