complicated case for experienced people

[makedreamy 0]

Hello,

I am born in the US but my mother is not a US citizen, she is visiting US now and is living with me now but she is planning on going back home in a month.

She want to apply for the green card but we do not know if we should apply from US while she is here to do the adjustment of status or it is better to do it from home(Syria) since she will be leaving US in a month.

If she applies from here and then leave US a month after applying what can happen.

Please advise.

Thanks a lot for all of your help.

[huongkhin 9]

How long is her trip?

[ceadsearc 516]

So she's already here and she came not planning to stay? No fraud issue then, so she can adjust status - as long as she doesn't need to return for 3 months or so as once she files she can't leave until she gets AP.

[makedreamy 0]

She is planning to stay here till october 22nd.

So you think if she applies from here she can not leave till she gets the approval.

What about applying from home??? and what about applying from here and once she gets the approval and they call her for interview she can come back here??

Thanks a lot for your fast response

[Moomin 292]

If she applies for adjustment of status within the US and then departure while it's pending, it will be denied unless she has AP(advanced parole) in hand at the time of her departure. Her AOS will be considered abandoned if she just leaves.

If you petition for her(without the I485) then you can petition now, she can return home and she will have interview in home country. This process takes a little longer(look at processing times on USCIS's webpage) than ajdusting within the US.

How old is your mom/does she have any medical issues?

[makedreamy 0]

She is 54 years old and she has heart disease (does it change anything if she has medical problem??)

Can you explain more about how to petition for her???

Thanks a lot for your help

[DC85 113]

the American embassy in Syria is closed, let your mother sit her one more month and she will get her AP

[Moomin 292]

How to petition for her, please see this link; http://www.visajourney.com/content/immigration-parents

Sometimes, the alien parent's medical condition is taken into account because of the potential costs of medical care in the US. Since you're her sponsor, you might have to prove that you financially can support her medical issues(already having medical insurance) besides the affidavit of support. I haven't personally gone through this stage so might be a good idea to wait up until someone with first hand knowledge comes along.

[Brother Hesekiel 2,236]

Your mom will not be able to leave on Oct. 22, if you apply for AoS now.

Her medical condition may become a serious problem. As you may know, at this point in time she would not be able to get health insurance with a heart problem. One heart attack costs $100,000 these days, so that's money you'll need to have to pay for this. More formal, in case where an intending immigrant may become a public charge, whether due to age or health, the Affidavit of Support becomes secondary in nature.

I can't suggest what to do, especially given the political situation in Syria right now, but you'll have to think long and heart on how to proceed from here.

[ceadsearc 516]

Yeah, Brother about summed it up. Take a good look at all angles and decide what is best for you. We can't tell you what is best for your family, all we can give you is some things you need to consider.