Filing Green Card for my parents

[coolmind1414 13]

Hello Everyone,

I will be USC soon, as I have filed my N400 5 months back.

I am planning to file for my parents green card right after I become USC.

My parents has visitor visa, and they both have been here before. My mom is coming this August for 5 months to stay, while my dad will visit for a month or so at the end of December.

Few questions:

1) Which documents are needed for filing my parents' Green card?

2) Which address should I provide as their resident? As my mom will be staying longer than my dad, do I put two different addresses for both of them? And Adjustment of Status, if I file, and they are not here at that time, what happens?

3) My parents are ~55 Years old. They will be getting insurance from India for few months, but going forward, what are my options? I doubt they will work here, or even if they do, it would be more of work from home thing, which won't provide insurance. Obamacare or any other options?

4) Filing AOS here is easier or filing it by providing their address as my home country (India) will be better/easier option?

Thank you all so much.

Thanks,

[p-ana 933]

You'll have to petition them and they'll go through consular processing.

Having them come here with a non immigrant visa and adjusting status is immigration fraud.

Check the guides http://www.visajourney.com/content/immigration-parents

[coolmind1414 13]

yeah , I asked this question based on this link only

"

After Filing Your Petition

If your parent is currently in the United States, your parent may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative. For information on how to file this application, please refer to How Do I Become a Lawful Permanent Resident While In the United States?

You will be notified by the USCIS if your I-130 petition is approved or denied. If it is approved and your parent is outside the U.S., your parent will be notified to go to the local U.S. consulate to complete his or her visa processing. If your parent is legally inside the U.S. and did not file the Form I-485 Application concurrently with your petition, he or she may file at this time. For more information on adjusting to lawful permanent residence, your parent may refer to How Do I Become a Lawful Permanent Resident While In the United States?

"

[p-ana 933]

yeah , I asked this question based on this link only

"

After Filing Your Petition

If your parent is currently in the United States, your parent may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative. For information on how to file this application, please refer to How Do I Become a Lawful Permanent Resident While In the United States?

You will be notified by the USCIS if your I-130 petition is approved or denied. If it is approved and your parent is outside the U.S., your parent will be notified to go to the local U.S. consulate to complete his or her visa processing. If your parent is legally inside the U.S. and did not file the Form I-485 Application concurrently with your petition, he or she may file at this time. For more information on adjusting to lawful permanent residence, your parent may refer to How Do I Become a Lawful Permanent Resident While In the United States?

"

If they were already here, it would be ok. But having them use their tourist visa and timing it to adjust status, it's just fraud.

[Boiler 46,144]

Effectively retiring to the US is not something most people could contemplate unless they are independently wealthy.

Yes they would buy Insurance through the Exchange, not exactly Affordable despite the name.

After 5 years and reaching 65? they can buy into Medicare, quoting numbers now is not that meaningful as it is 10 years away, but also not cheap.

Presumably they have a plan before embarking on such a move?

[KierenHby 899]

You petition them once a USC under Consular Processing. Your folks await the interview in India. They visit you and return back home at the end of the duration of the authorized stay. As others have noted, entering the US on a visitor visa with the pre-conceived intent to immigrate constitutes a fraudulent violation of the terms the B2 was issued under. They obtain visitors insurance for the duration of their US visit.

[coolmind1414 13]

I will be becoming dad this October, and my mom will travel frequently for helping us with baby. Once she goes back, she'll return within 3 months for another few months.

but my dad will be in India, and only visit for couple months due to his business.

[KierenHby 899]

my mom will travel frequently for helping us with baby. On a visitor visa ?

Once she goes back, she'll return within 3 months for another few months. Sounds like she'd be spending more time in the US..on a B2.. than in her home country.

[Boiler 46,144]

They want to visit or immigrate?

[coolmind1414 13]

They want to visit or immigrate?

they will be visiting, and helping us with new born over few months (5.5 months and come back again and stay for 5.5 months)

and as I'll be citizen, I will be filing for their GC.

[coolmind1414 13]

my mom will travel frequently for helping us with baby. On a visitor visa ?

Once she goes back, she'll return within 3 months for another few months. Sounds like she'd be spending more time in the US..on a B2.. than in her home country.

Yes, On Visitor visa.

Yeah, that's why I am asking, what should I do? put address of USA as their staying more in US? and if I use India's address, and they have an appointment for XYZ date, and they can't make it. what happens?

[Unlockable 7,315]

Yes, On Visitor visa.

Yeah, that's why I am asking, what should I do? put address of USA as their staying more in US? and if I use India's address, and they have an appointment for XYZ date, and they can't make it. what happens?

The problem is they are spending too much time in the US is a risk to their visitor visa. Also, coming to help with the baby would be perceived as work which could lead to denial of entry in the US. Additionally, there is no guarantee that they will have a 5 month entry period. What happens if the officer only gives your mother a 1 month entry period?

Start the I-130 now. They can still visit while the process is under way. For what you want to do it is best to start the immigration visa now. You are basically using their visitor visas for things that is not intended for.

[KierenHby 899]

(5.5 months and come back again and stay for 5.5 months)

A lot of Indian parents and in-laws try this.. and usually by the third attempt, they get just about a month or so.

On one recent forum, a parent was given a mere 10-day stay shortly after spending 5.5 months in the US. CBP officers have access to all prior travels.

[JFH 12,191]

A visitor visa is to visit, not live in the USA in installments. And certainly not to work (and caring for children - even ones related to you - is work in the US for immigration purposes).

Start the I-130 process as soon as you become a citizen. They can visit in the meantime but don't be surprised if your 5.5 month plan doesn't work. CBP officers have seen that trick thousands of times. Entrance into the country is a privilege for non-citizens, not a right.