How to get a green card for my parents?

[Mika123 0]

So, here is the story:

I am a US citizen (just got my citizenship this past summer!! yeeeh), I got my citizenship after being a green card holder for 5 years, although during those years I also ended up marrying a US citizen (but didnt get my citizenship through marriage).

I recently gave birth and I would love to have my mother close to me. She is an Italian citizen and can come to the US on a waver visa for only 3 months each time.

I would like to apply my parents for a green card so here are my questions:

1) How much would it cost me to request a green card for my parents (excluding lawyer fees, prefer to do it on my own - I did my own citizenship papers).

2) Do my parents have to move to the US once they get the green card? Can they come and go instead?

3) How long will it take to get approved (if they get approved).

4) Can they come and go while waiting to get the green card?

5) Can I request a green card for my mother and then, in a second time, for my father? (they are married).

Thanks!

[Shiobhan 235]

Y not petition for both at the same time? I dont have all your answers but I know its not a very long time when parents are

petitioned for as long as they have no criminal records or prior immigration probs in the US. If they have the ability to visit

they still could but they would have to disclose that they are petitioned for when asked. After obtaining GC one cannot stay

outside the country over 6-12 mths as that would be abandoment of the GC however there' s a re-entry application that could be made if that happens but its not a good idea, immigration laws are always changing, someone else will come along and give

you more answers ....best wishes

[ceadsearc 516]

1) Don't know the fees off the top of my head. Take a look at the USCIS website, you're looking at filing an I-130 for an IR-5 visa.

2) Yes, they have to move here. Otherwise they should just continue to visit on visa waiver.

3) It varies but count on a year from start to finish.

4) Yes, with proof of ties to their country.

5) Yes, if you wish.

[aaron2020 11,651]

So, here is the story:

I am a US citizen (just got my citizenship this past summer!! yeeeh), I got my citizenship after being a green card holder for 5 years, although during those years I also ended up marrying a US citizen (but didnt get my citizenship through marriage).

I recently gave birth and I would love to have my mother close to me. She is an Italian citizen and can come to the US on a waver visa for only 3 months each time.

I would like to apply my parents for a green card so here are my questions:

1) How much would it cost me to request a green card for my parents (excluding lawyer fees, prefer to do it on my own - I did my own citizenship papers).

2) Do my parents have to move to the US once they get the green card? Can they come and go instead?

3) How long will it take to get approved (if they get approved).

4) Can they come and go while waiting to get the green card?

5) Can I request a green card for my mother and then, in a second time, for my father? (they are married).

Thanks!

1. $1000 - $2000 for all the fees, medicals, etc. Cost varies by countries.

2. A legal permanent resident is expected to be a permanent resident of the US. A green card is not appropriate for a person who lives in another country to use as an unlimited visitor visa.

3. 6-12 months.

4. Yes.

5. You can request them at the same time.

What are your parents' goals? To live in the US or to live in Italy? If it is to live in Italy and have frequent visits to the US, then a green card is not the appropriate path. There are responsibilities to having a green card - one of which is to file US tax returns. Do you really want your parents to start paying US taxes on their Italian income? It is really worth it when they can use the VWP to visit up to 90 days and easily obtain a B1/B2 visa if they want to visit longer?

[Mika123 0]

Thank you for your answers - so my next question is, what VISA should I request for my mother in case I need her to stay with my for longer than 3 months? How is the max time she can stay then? Can I say that I have a baby and need my mother close to me for 6 or 9 months?

Thanks

[ceadsearc 516]

To visit for longer she would need a b-2. You can try for that but it is risky. First, they may think she is coming to care for your child which works against you as that is a "job", second, if she is denied for the b-2 she won't be able to return on VWP either.

Edited December 4, 2012 by ceadsearc

[aaron2020 11,651]

Thank you for your answers - so my next question is, what VISA should I request for my mother in case I need her to stay with my for longer than 3 months? How is the max time she can stay then? Can I say that I have a baby and need my mother close to me for 6 or 9 months?

Thanks

My aunt from Vietnam came and stayed with us for 9 months in 2001. She entered on a tourist visa and was given a 6 months stay. Before her stay expired, she filed to extend her visa and was given another 6 months. She could have stayed a year as a tourist but choose to return home after 9 months when she got really homesick.

Your parents can apply for tourist visas. If they are fortunate, they could get multiple entry visas that's good for 10 years. Once in the US, they can apply for extensions. It's a lot cheaper applying for visas and extensions than petitioning for two parents and turning them into US tax payers when all they want are extended visits.

1. A tourist visa could allow your mother to stay longer than 3 months. She may be allowed to stay for 6 months at the discretion of the CBP officer when she enters. She could apply for a 6 months extension when she's in the US.

2. 12 months would be the max; 6 months granted at entry and 6 months extension.

3. ABSOLUTELY - DO NOT SAY THAT YOUR MOTHER IS COMING TO PROVIDE CARE FOR YOU!!!!! That's is considered work because you can hire a US person to provide care. Your mother is there to visit you and her new grandchild. That is what she tells the interviewing officer. She is not there to provide care. She is there to provide family companionship. This may be subtle, but it is important to US immigration officers.

Edited December 4, 2012 by aaron2020

[Mika123 0]

Your parents can apply for tourist visas. Once in the US, they can apply for extensions. It's a lot cheaper applying for visas and extensions than petitioning for two parents and turning them into US tax payers when all they want are extended visits.

Hi Aaron,

On a waver VISA (at least from Italy) there is nothing to do, I have been told more than once that once you come in on a waver visa there is no way to change it or extend it. Maybe you were able to do so back in 2001? I guess not anymore though - I wish that was an option though! MY mother is here with me right now and her visa expires in January so she has to go back ...

Edited December 4, 2012 by Mika123

[aaron2020 11,651]

Hi Aaron,

On a waver VISA (at least from Italy) there is nothing to do, I have been told more than once that once you come in on a waver visa there is no way to change it or extend it. Maybe you were able to do so back in 2001? I guess not anymore though - I wish that was an option though! MY mother is here with me right now and her visa expires in January so she has to go back ...

There is no such thing as a "waver VISA." The program is called the Visa Waiver Program. This means the person does not need a visa to enter the US. There is no visa.

Here are your mother's options as an Italian citizen;

1. MAXIMUM 90 days:

NO VISA. Enter the US on the VWP. Stay cannot be extended because there is no visa to extend. Stay 91 days or more and the punishment is that she cannot use the VWP again and must obtain a visa to enter the US again.

This is your mother's current situation, so she must go home before the 90 days. Her stay cannot be extended - there is nothing that allows it. She agreed to leave within 90 days by using the VWP. If she stays 91 days or more, she will not be allowed to use the VWP again. She would need to apply for a visitor visa.

2. POSSIBLE 6 MONTHS WITH A VISITOR VISA.

She applies for a B1/B2 visitor visa. She could get a single entry visa or a multiple entry visa valid for 10 years (at the sole discretion of the interviewing officer). When she enters the US, the CBP officer can grant her a stay up to 6 months at his discretion. For Italians, it is generally 6 months.

3. POSSIBLE 12 MONTHS WITH A VISITOR VISA AND AN EXTENSION.

Option 2 plus applying for an extension once she is in the US. She could be granted up to an additional 6 months.

Edited December 4, 2012 by aaron2020

[Mika123 0]

Thanks!

Is there a risk in applying for a B1/B2 (what's the difference?) visa? As ceadsearc said, if she gets denied she will need a visa to come back to the US?

What are the chances they will give her a B visa?

Thanks!!

[aaron2020 11,651]

Thanks!

Is there a risk in applying for a B1/B2 (what's the difference?) visa? As ceadsearc said, if she gets denied she will need a visa to come back to the US?

What are the chances they will give her a B visa?

Thanks!!

Yes, there is a risk to applying for a B1/B2 visitor visa. If it is denied, then the person cannot visit the US. The person cannot use the VWP because of the denied visa. Without the VWP or a visa, the person cannot enter the US.

No one can tell you what her chances are. It depends on her unique circumstances which is impossible for you to describe in detail and for us to tell you what the interviewing officer may think.

The approval rate for visitor visas for Italians is well over 98%.

[Mika123 0]

The approval rate for visitor visas for Italians is well over 98%.

Thanks, that sounds like a good rate .... although, she could just go back to Italy and come back after 1 week or so .... maybe more expensive? Or maybe not, I am not sure how much it would cost to apply for a B Visa

[aaron2020 11,651]

Thanks, that sounds like a good rate .... although, she could just go back to Italy and come back after 1 week or so .... maybe more expensive? Or maybe not, I am not sure how much it would cost to apply for a B Visa

The fee is about $160 for a B1/B2 visitor visa.

The US Embassy in Rome will have all the information you need.

Look here;

http://italy.usembassy.gov/visa.html

http://italy.usembassy.gov/visa/vis/vis-2-en.html

"Although, she could just go back to Italy and come back after 1 week or so" will not work. The US will have a computer record of her visits. It doesn't look good when someone tries to do back-to-back visits to the US. The US government is not so completely stupid to recognize the person is using the VWP to get basically more time in the US than 90 days. This is asking for trouble because your mother could be sent back to Italy at her expense on her second visit for abusing the VWP. The proper path is a B1/B2 visitor visa.