Green card for mother with lung cancer

[NSCLC-TVC]

I am US citizen and have been one for the last 8 years.  I have been in the US for the last 19 years and my parents have visited me during this time 6 times always on a multiple entry visit visa.  Every time they have gone back before the permitted duration of stay has expired (i.e. the maximum allowed time stamped at the port of entry).  During all these visits over 19 years they have had no interest in immigrating to the US.

 

However, two months back my mother got diagnosed with lung cancer.  For now she is doing pretty good with treatment.  But doctors have told me that things will begin to get worse as time goes by.  My parents are 80 & 71 years old and I am the only one who can give them the care they need while my mother goes through the treatment fighting cancer.  As family we believe it time for them to come over and settle in the US with me.  As part of that process I want to sponsor my parents for a Green Card. 

 

Since time is not on my side because of her cancer stage and because she needs constant help with her daily activities I need to be able to stay with her immediately.  Based on that I was considering bring them over to the US on their existing visitor visa and filing for a Green Card while they are here.  But I have been told not to file I-130 & I485 until at least 3 months have lapsed after they enter the county.  The rational being visitors visa is a single intent non-immigrant visa and filing before 3 months may be interpreted as having intentions of immigrating at the time of entry.  The reason I want to expedite and file for her Green Card is to get the documentation required for getting her health insurance through the marketplace (Obamacare).  Certainly my intension is to be able to take care of my mother in this time of need and hence do not have the luxury of 9 – 12 months that is required for consular processing.  With the above-described situation in mind I would like advise of the following two questions.

 

1.  Is it advisable to file for I-130 & I485 immediately or may be even a few weeks (but less than 3 months) after they arrive in the US?    If I am accompany by application outlining what I have described on this forum and require consideration based on the fact that I am a US citizen who does not have any other viable option to take care of my sick & aging mother, will her application get denied.  Will the USCIS not consider this as a valid reason to grant some kind of an exception/waiver and altogether deny her immigration privileges forever?

 

2.  Further I have seen there is a provision to request expedited process of Green Card.  There is one category in that list of situations under which expedited processing can be requested called “Emergency” (the example on the USCIS site indicated health emergency).  In my case it is a case of my mother who probably has a fairly limited life span left and during that period needs a caregiver to be with her for most of the day.  My question here is  -would it make sense for me to submit an application for I-130 & I-485 with weeks of their arrival in the US and write a letter/petition to expedite processing on the grounds that I would like to obtain health insurance cover for my mother so that she can get the required treatment which is time critical based on her illness and condition.

 

I can always support my application with copies of the many times they have come and gone from the US (showing no intention on immigrating) and also biopsy reports and medical reports to establish her illness.

 

Thanks in advance for you help & response.

[JoeF]

Entering on a visitor visa with the intent to file a GC is immigration fraud.

If the I-130 is filed shortly after her entering on visitor visa, the I-485 will get denied.

And you have to be able to support her. Saying that you want to expedite things because you want to enroll her in Obamacare is putting that in doubt.

Also, what prevents you from going to stay with her in her home country?

[pontevecchio]

You should talk to a Lawyer so that you are absolutely clear about what can and cannot be done. Even Obamacare mandates quite hefty premiums for an older new Immigrants.