Petition for mother's GC while waiting for Naturalizatoin

[rynatha 0]

Hello,

I was told that I can apply for Citizenship 90 days before completing my permanent residence requirement.

Since I got my GC through a job, the 5 years will complete on 10/02/2013, that means I could apply anytime after 07/03/2013.

My mother is visiting me in the US and her visa will expire at the end of July, however I would like to apply for her GC right after I submit my form for naturalization, to spare her from leaving the country and having to do her petition via Consulate.

Would that be ok to start her petition before I officially get my Citizenship and after I file for it?

Can I request her visa to be extended until I get my citizenship so that she can stay here legally until her GC petition starts?

Thank you!

[let-it-be 36]

Hello,

I was told that I can apply for Citizenship 90 days before completing my permanent residence requirement.

Since I got my GC through a job, the 5 years will complete on 10/02/2013, that means I could apply anytime after 07/03/2013.

My mother is visiting me in the US and her visa will expire at the end of July, however I would like to apply for her GC right after I submit my form for naturalization, to spare her from leaving the country and having to do her petition via Consulate.

Would that be ok to start her petition before I officially get my Citizenship and after I file for it?

Can I request her visa to be extended until I get my citizenship so that she can stay here legally until her GC petition starts?

Thank you!

You cannot file a petition for your mom if you are not a US Citizen. One of the requirements for filing I-130 petition is proof of citizenship, like a copy of Naturalization Certificate or a copy of US passport Bio-page or US Birth Certificate.

Edited February 2, 2013 by let-it-be

[NigeriaorBust 4,087]

To file you must be a citizen , not just have applied for it and for your mother to enter with a visitors visa with the intent to stay permanently is immigration fraud and could lead to a lifetime ban from the US

[rynatha 0]

To file you must be a citizen , not just have applied for it and for your mother to enter with a visitors visa with the intent to stay permanently is immigration fraud and could lead to a lifetime ban from the US

OK. She doesn't have intention to stay permanently, however I thought I could apply for her GC before she has to renew her visa, and I wanted to check first so we can comply with the law.

Thanks for clarifying.

[Brother Hesekiel 2,236]

You have to be a US citizen in order to apply. The fact that you theoretically could become a US citizen a few months later is a bit different from being a US citizen. You are not a US citizen when applying, not a US citizen when being interviewed, not a US citizen when passing the tests, and not a US citizen before you have received your Certificate of Naturalization.

She doesn't have intention to stay permanently, . . . .

If your mom wants a Green Card, and enters with a non-immigrant visa, then she intents to stay permanently. A Green Card is for permanent residents. If your mom doesn't want to stay permanently, then she really doesn't need a Green Card. Again, as said before, you would be planing fraud, a felony, and it's probably not a good idea to do this shortly before you have to pass the "good moral character" clause.

Also know that your citizenship is somewhat conditional for the first 2 years. Until 2 years after your naturalization have passed, a single I.O. can unwind it with his or her signature; no judge needed. Only after 2 years the USCIS would have to bother a court with this.

Edited February 2, 2013 by Brother Hesekiel

[rynatha 0]

You have to be a US citizen in order to apply. The fact that you theoretically could become a US citizen a few months later is a bit different from being a US citizen. You are not a US citizen when applying, not a US citizen when being interviewed, not a US citizen when passing the tests, and not a US citizen before you have received your Certificate of Naturalization.

If your mom wants a Green Card, and enters with a non-immigrant visa, then she intents to stay permanently. A Green Card is for permanent residents. If your mom doesn't want to stay permanently, then she really doesn't need a Green Card. Again, as said before, you would be planing fraud, a felony, and it's probably not a good idea to do this shortly before you have to pass the "good moral character" clause.

Also know that your citizenship is somewhat conditional for the first 2 years. Until 2 years after your naturalization have passed, a single I.O. can unwind it with his or her signature; no judge needed. Only after 2 years the USCIS would have to bother a court with this.

That is fine, I am not trying to do anything against the law, that's why I posted my question to find out the options and to see if I could shorten the process and not have to deal with Consulate bureaucracy . I want to petition her GC so she would have the option of staying her longer than 6 months if she wants to or go back and forth between the US and her home country without needing to renew her visa.

Based on the answers I got, she would have to go back and I would apply for her GC via Consulate.

Thanks

Edited February 2, 2013 by rynatha

[NigeriaorBust 4,087]

When she gets her greencard she MUST stay in the US most of each year or risk losing the green card.