Bringing parent to US without GC or I-130

[JohnR! 5,495]

My wife is almost naturalized. We are trying to get my wife's mom to come to the US for a short visit, 1 month max. She has no intention on living here and plans on returning to Brazil.

She tried to get a visa when we got married but the embassy treated her really, really bad accusing her of wanting to live in the US etc... She never tried again being disgusted by the process. Her mom owns property in brazil and is retired.

Question is, Is there nothing between a parent applying for a tourist visa on their own, and for us petitioning the parent to live in the US?

What would happen if we petitioned the parent to live in the US, were approved, and then the parent would only come and visit the US instead of staying here?

Thanks in advance for your response. Thanks to all who participate on this site. It has been soooooo useful in getting the greencard for my wife, even though we never participated.

Consider waiting for your wife to become a US citizen first and then have your mother in law try a tourist visa again. If she is retired and has property in Brazil that should count for ties with the country. She has to keep her cool during the interview and if push comes to shove she can always contend that if she wanted to move to the US, her daughter could apply for her greencard, therefore she would not need to come in as a tourist and overstay. She has nothing to gain by coming in as a tourist and overstaying rather than coming in as a permanent resident.

Not only makes sense, but it is also true. I have known similar cases to have a better outcome the second time around after the Brazilian citizen obtained US citizenship.

On a lighter note, the mother of a friend's wife has always championed the idea there should be a special visa category for mothers.... LOL.

Good luck!

Edited June 27, 2012 by Gegel

[brazilhelp 3]

it is amazing that some countries citizen can just waltz in here, but others are harassed to the point of disgust and abuse... Anyway, thanks for all your replies, this was helpful.

One last thing, I heard that if you are above a certain age, you don't need an interview?

[Boiler 45,932]

Below

The Countries with high fraud are harder to get visa's from for obvious reasons.

[Harpa Timsah 13,258]

I would try again for another visa for your Mother in Law. At least a few times. Brazil has a very high approval rate.

If that doesn't work, I would try petitioning for a Greencard, then "trading in" for a tourist visa. She would basically say, "look, I have permission to reside in the US, but I don't want to reside there. I just want to visit" That should allay any fears of her overstaying her tourist visa. It's not an official process by any means, but a good chat with someone while turning in the GC should get you somewhere.

[brazilhelp 3]

I would try again for another visa for your Mother in Law. At least a few times. Brazil has a very high approval rate.

If that doesn't work, I would try petitioning for a Greencard, then "trading in" for a tourist visa. She would basically say, "look, I have permission to reside in the US, but I don't want to reside there. I just want to visit" That should allay any fears of her overstaying her tourist visa. It's not an official process by any means, but a good chat with someone while turning in the GC should get you somewhere.

Thanks. That is helpful. Interesting strategy on getting GC and then turning it in...

[JohnR! 5,495]

it is amazing that some countries citizen can just waltz in here, but others are harassed to the point of disgust and abuse... Anyway, thanks for all your replies, this was helpful.

One last thing, I heard that if you are above a certain age, you don't need an interview?

Persons over 80 do not need to be interviewed.

I would definitely go the tourist visa in exchange for greencard that another poster suggested if she should be denied again.

[RRK 8]

I don't quite agree with what is said here. My grandma has a green card, and she only visits US once a year for 1 month.. All the residency requirements come in place if parents want to later apply fir citizenship or get some benefits from US. As long as they are not away from US for more that a year, therefore if they for example come in may, you would make sure when they leave they would return to US by mid -April next year. My grandma has her green card for the past 6 years, and she never had problems returning to US once she leaves. Like I said, make sure parents visit at least once a year, and they can have a green card and visit whenever,they just would not be able to become citizens unless they satisfy all other requirements mentioned. By the way, she also has no banking accounts, etc here. All that happened my mom applied for green card for her, no requirements for her to satisfy but enter Us every 11 months or so.

Edited June 28, 2012 by RRK

[Boiler 45,932]

Horribly wrong, she has not had a problem, yet.

[RRK 8]

Well, I am not going to argue. The only thing is that every time she enters it is considered "admittance" which means she can be scrutinized by the officer and determined if she is abusing the system. However, commonly people at her age (70ish) when they explain that they visit children/grandchildren don't face problems. It all comes down to intent of person being admitted as determined by the CO at POE. As a side note, she is not only one who uses her GC like that. There are a lot of elderly people I know in our community who use their GC for the purposes of visiting family once a year. I haven't heard of any case so far that they have not been admitted. But again, to each Their own. Also, I would suggest looking into "re- entry permits". There are ways to legally keep GC without living here most of the time. My aunts stepdaughter is young at she did the same once a year thing for 4 years, before moving to US permanently, and she got her citizenship last month after satisfying the residency requirements. So i guess its not illegal after all, Like I said it all comes down to the officer's determination of intent good luck!

[Moomin 292]

Well, I am not going to argue. The only thing is that every time she enters it is considered "admittance" which means she can be scrutinized by the officer and determined if she is abusing the system. However, commonly people at her age (70ish) when they explain that they visit children/grandchildren don't face problems. It all comes down to intent of person being admitted as determined by the CO at POE. As a side note, she is not only one who uses her GC like that. There are a lot of elderly people I know in our community who use their GC for the purposes of visiting family once a year. I haven't heard of any case so far that they have not been admitted. But again, to each Their own. Also, I would suggest looking into "re- entry permits". There are ways to legally keep GC without living here most of the time. My aunts stepdaughter is young at she did the same once a year thing for 4 years, before moving to US permanently, and she got her citizenship last month after satisfying the residency requirements. So i guess its not illegal after all, Like I said it all comes down to the officer's determination of intent good luck!

I'm going to be quite frank here. What your family member is doing is the exact same reason why people come to VJ and ask for help since they were refused entry or had hard time throughout their journey, being let in, even with AP or greencard in hand. The residency requirement is more than spending one year in the US. Not only for maintaining LPR status but also if applying for citizenship.

To each their own? No. I didn't overstay my VWP because I'd like to keep that VWP option open for others in the future without being scrutinized or refused entry. Probably the wrong forum to say to each their own when this is to help/guide each other, not to slam doors in the next person's face.

Lawful Permanent resident means a resident of the US who lives here permanently, not visits.

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To the OP; I'd suggest same thing as Harpa - trade-in (if possible) seems like a solution if there is no change of demonstrating strong ties to home county via the tourist visa route. Just remember this route isn't going to guarentee a tourist visa, it is just a suggestion.

[brazilhelp 3]

I have to agree with Moomin here (from my limited experience). Most likely people over a certain age get less scrutiny since they are less likely to be working, but It would only take a immigration guy who is in a baaaaaad mood that day to prevent her from getting in or giving her hard time. We will work on the tourist visa, cross our fingers and hope it works out.

I think in the past, we did not send letters of invitations. That was a mistake, but we had a lot going on and did not even think it would be a problem.

I'm going to be quite frank here. What your family member is doing is the exact same reason why people come to VJ and ask for help since they were refused entry or had hard time throughout their journey, being let in, even with AP or greencard in hand. The residency requirement is more than spending one year in the US. Not only for maintaining LPR status but also if applying for citizenship.

To each their own? No. I didn't overstay my VWP because I'd like to keep that VWP option open for others in the future without being scrutinized or refused entry. Probably the wrong forum to say to each their own when this is to help/guide each other, not to slam doors in the next person's face.

Lawful Permanent resident means a resident of the US who lives here permanently, not visits.

---

To the OP; I'd suggest same thing as Harpa - trade-in (if possible) seems like a solution if there is no change of demonstrating strong ties to home county via the tourist visa route. Just remember this route isn't going to guarentee a tourist visa, it is just a suggestion.

[RRK 8]

I apologize if "to each their own" was taken the wrong way. What I meant is that each peson choses a different way and option for them. I would be delighted if I can help someone and I would never NEVER slam the door in someone's face. I am going through a tough immigration process myself and will never undergrade anyone' s issue. I agree that on a certain level we probably are lucky so far, but again I stand firm on the idea that it all depends on the intent that CO determines. I was just trying to give an example, I am sorry if you guys tought I am being ignorant. No need to accuse me, i am not here because everything is wonderful and smooth and I will never offend anyone going through immigration process.

Edited June 29, 2012 by RRK

[brazilhelp 3]

yeah, it is a difficult, aggravating, stressful process that often leave people feeling helpless.

[Clariz 2]

There is no excuse for any age when it comes to a green card requirement- if you cannot maintain the number of months that you need to be in the states then go home without accomplishing it , the next time you enter you will have a problem, you will be denied entry to the usa... be booked to go back to your country of origin right at the airport...

nevertheless regarding the tourist visa- she must posses papers to show that she needs to go back to brazil because she owns and manages her business there or etc. her reason in coming to the us is for a tour, therefore if you can reserve her in a hotel, put lots of money in her account (at least a long year deposit) and let her have a copy of your financial statement (itr) and be willing to support her when she comes to the usa as a tourist then I think she will be approved... or if she is sick and wants a doctor's consultation in a hospital that there is no such specialty in brazil... and she never makes a reply in emb interview- that she misses you, that she wants to be with you, that she can't live without you.. all she has to say with sparking eyes is to see america! the beautiful!

[Moomin 292]

I apologize if "to each their own" was taken the wrong way. What I meant is that each peson choses a different way and option for them. I would be delighted if I can help someone and I would never NEVER slam the door in someone's face. I am going through a tough immigration process myself and will never undergrade anyone' s issue. I agree that on a certain level we probably are lucky so far, but again I stand firm on the idea that it all depends on the intent that CO determines. I was just trying to give an example, I am sorry if you guys tought I am being ignorant. No need to accuse me, i am not here because everything is wonderful and smooth and I will never offend anyone going through immigration process.

Not accusing you, just trying to point out that even though your grandmother might be far from the only one with that travel pattern, it's not on VJ you'll find that many condoning of that specific pattern - for a couple reasons where the first one is the time it takes everytime you have to submit papers until they're approved and the scrutiny at POE. Secondly, most are trying to reunite with their loved ones for good, not just for pleasure for a month at a time. Some countries have processing times that are more than 10 years currently.