Could I do a petition of residence for my mom while she is visiting the US?

[Katherine P. 0]

Due to all this craziness of the pandemic I want to bring my mom to the US to take care for her. But I want to ask for her residence while she is visiting me. Could I do that? Is it legal? Could that happen that her residence be denied and her visa will be revoked? She is 72 and I don’t want her to be constantly traveling Inter countries. I want to be able to take care for her. 
 

please help! 

[portorusa 431]

Are you a US citizen? Is your Mom now in the US? If not, it's fraud to have a pre-determined intent to AOS her.

If you are a US citizen, you can apply for immigrant visa for your Mom to bring her to the US permanently.

[Unlockable 7,314]

23 minutes ago, Katherine P. said:

Due to all this craziness of the pandemic I want to bring my mom to the US to take care for her. But I want to ask for her residence while she is visiting me. Could I do that? Is it legal? Could that happen that her residence be denied and her visa will be revoked? She is 72 and I don’t want her to be constantly traveling Inter countries. I want to be able to take care for her. 
 

please help! 

Two important questions that need answering....

Where is your mother now?

Are you a US citizen?

 

You can't plan on using a tourist visa to immigrate your mother. That is visa fraud.

 

One other thing you should be aware of is health insurance for your mother. Be prepared to have sticker shock. Health insurance for elderly may be looked into in order for her to get a visa so she will not become a public charge. The problem is the prices. It is reported that health insurance for elderly can be $800 - 1,200 per month.

Edited June 18, 2020 by Unlockable

[SusieQQQ 11,586]

1 hour ago, Unlockable said:

Two important questions that need answering....

Where is your mother now?

Are you a US citizen?

 

You can't plan on using a tourist visa to immigrate your mother. That is visa fraud.

 

One other thing you should be aware of is health insurance for your mother. Be prepared to have sticker shock. Health insurance for elderly may be looked into in order for her to get a visa so she will not become a public charge. The problem is the prices. It is reported that health insurance for elderly can be $800 - 1,200 per month.

....and then there are still deductibles and gaps in cover.

[Katherine P. 0]

I’m a US citizen and no, she is not here. I’m asking if it’s legal because I want to do the correct way, because I.don’t.know....! It’s my first time that I’ll be asking a member of my family as resident! sheesh!! people... stop overreacting! 😒😒😒😒 

 

and thanks for the ones who are really nice about it and helping solving a question. 

[Just Paul 4,595]

3 minutes ago, Katherine P. said:

I’m a US citizen

Please update your profile then.

 

4 minutes ago, Katherine P. said:

I’m asking if it’s legal because I want to do the correct way

You can file at anytime. She is not allowed to enter to stay for longer than allowed on her tourist visa which is determined at the POE.  She would interview in Peru.  She can continue to visit during the process.

 

 

[Katherine P. 0]

1 minute ago, Paul & Mary said:

Please update your profile then.

 

You can file at anytime. She is not allowed to enter to stay for longer than allowed on her tourist visa which is determined at the POE.  She would interview in Peru.  She can continue to visit during the process.

 

 

I have a ticket for her for the end of the year, could I apply for her since now and that won’t affect her trip or have her visa denied? Or should I wait until she returns to my country to request her. Also her visa will expire next year, I was planning to obtain a new visa for her, could I do that? Or not... this is so confusing. 
 

*This is my first time coming back to visa journey  page after 10 years, I didn’t know that I had to update anything in my profile. Some people ask questions as it would be a police interrogation and deduct the worst from people, I don’t remember people was like this before. 🙄

[Just Paul 4,595]

1 minute ago, Katherine P. said:

could I apply for her since now and that won’t affect her trip or have her visa denied? Or should I wait until she returns to my country to request her.

No reason not to apply now.

2 minutes ago, Katherine P. said:

Also her visa will expire next year,

She can apply to renew that. US consulates in Peru do have a dropbox for renewals.

 

You will need to address the insurance issue at some point in the I-130 process.  Consulates have been turning down immigrants more due to "public" charge concerns.  And look at the DS-5540 form that now gets submitted at the NVC stage. Being 72 isn't going to make this any easier. 

[Katherine P. 0]

12 minutes ago, Paul & Mary said:

No reason not to apply now.

She can apply to renew that. US consulates in Peru do have a dropbox for renewals.

 

You will need to address the insurance issue at some point in the I-130 process.  Consulates have been turning down immigrants more due to "public" charge concerns.  And look at the DS-5540 form that now gets submitted at the NVC stage. Being 72 isn't going to make this any easier. 

Sorry I have to re-ask again, but just to make sure I’m not confusing myself. So, can I do both process (renewal and resident petition) at the same time and one won’t affect the other to be denied and/or affect her travel? 
her visa will expire by July If next year, so I don’t really need to renew it, but I want to, just in case the process gets longer than expected and I still want her to visit, also there is the chance to renew without the interview and it’s easier before the visa is expired. 
also what happens while in the process of requesting her residency, she needs to go back to Peru for the interview but she is still here? Could I reprogram de interview dates? 

 

Also, do I need to have the insurance for her now or I have to get it once it’s been asked in the process? We didn’t know about the insurance but we already have contemplated because she definitely will have to get one since she will be living with us. 
 

thanks for your replies.  

Edited June 20, 2020 by Katherine P.

[Just Paul 4,595]

11 minutes ago, Katherine P. said:

So, can I do both process (renewal and resident petition) at the same time and one won’t affect the other to be denied and/or affect her travel? 

Yes she can do both.  I'd file the I-130 now and then wait closer to the B2 visa expiration to renew it, preferably with the dropbox.  Make sure she doesn't overstay otherwise she will lose the B2.  Renewing the B2 during or after the NVC is where the issue of immigrant intent arises.   But by then you are done with what is typically the longest part.  

 

13 minutes ago, Katherine P. said:

what happens while in the process of requesting her residency, she needs to go back to Peru for the interview but she is still here?

If her I-130 is approved while she is here she can do an I-485 AOS.  If she is in Peru she does an interview.  Interview is easier than AOS in my opinion.

 

16 minutes ago, Katherine P. said:

Also, do I need to have the insurance for her now or I have to get it once it’s been asked in the process?

She should definitely have travelers insurance that cover COVID.  You need to research the costs and options for insurance as an immigrant because it isn't going to be cheap.

[Katherine P. 0]

9 hours ago, Paul & Mary said:

Yes she can do both.  I'd file the I-130 now and then wait closer to the B2 visa expiration to renew it, preferably with the dropbox.  Make sure she doesn't overstay otherwise she will lose the B2.  Renewing the B2 during or after the NVC is where the issue of immigrant intent arises.   But by then you are done with what is typically the longest part.  

 

If her I-130 is approved while she is here she can do an I-485 AOS.  If she is in Peru she does an interview.  Interview is easier than AOS in my opinion.

 

She should definitely have travelers insurance that cover COVID.  You need to research the costs and options for insurance as an immigrant because it isn't going to be cheap.

What do you mean with overstay? I usually have her visit us for 6 months, for which I understand is the time limit for a visitor visa, and the ticket I got for this year it’s the same for 6 months too. She has never had any issue. Is that overstay? Or overstay it’s passing the 6months? 

 

how long does it usually take the process of requesting a family member? I’m guessing due to the pandemic the timeline has increased. Do you know an estimate? Thank you again for your your answers! 

Edited June 20, 2020 by Katherine P.

[Just Paul 4,595]

2 minutes ago, Katherine P. said:

What do you mean with overstay?

Staying past the date on the I-94. With COVID many visitors have ended up overstaying their visas and ended up with revoked visas and ESTAs.  So instead of trying to max out on the I-94 a better future strategy is to do shorter trips.

 

4 minutes ago, Katherine P. said:

how long does it usually take the process of requesting a family member?

USCIS processing times are based on which center is randomly assigned. 5.5 to 24 months.  Typically it is 6 to 12 months. https://egov.uscis.gov/processing-times/

NVC processing times are 1 to 3 months.  You can work on the documents that will be needed ahead of time.

Consulates aren't listed but you can ask in the regional forum.

 

PreCOVID there had been some electronically filed I-130s that were out to the consulates in 6 months.

 

11 minutes ago, Katherine P. said:

I’m guessing due to the pandemic the timeline has increased.

Some consulates are going to be backlogged a lot.  Others might be able to absorb workloads better.  There doesn't look like there will be the summer rush for student visas this year so there should be some more openings.

[Katherine P. 0]

7 minutes ago, Paul & Mary said:

Staying past the date on the I-94. With COVID many visitors have ended up overstaying their visas and ended up with revoked visas and ESTAs.  So instead of trying to max out on the I-94 a better future strategy is to do shorter trips.

so if she writes  the correct time in the I-94 that the plane ticket says that it’s 6 months, and she return in that date, that won’t create any issue? Because we have been doing that in all her trips.  Well some trips were “shorter” of 3 or 4 months. 
 

 

7 minutes ago, Paul & Mary said:

 

USCIS processing times are based on which center is randomly assigned. 5.5 to 24 months.  Typically it is 6 to 12 months. https://egov.uscis.gov/processing-times/

NVC processing times are 1 to 3 months.  You can work on the documents that will be needed ahead of time.

Consulates aren't listed but you can ask in the regional forum.

 

PreCOVID there had been some electronically filed I-130s that were out to the consulates in 6 months.

 

Some consulates are going to be backlogged a lot.  Others might be able to absorb workloads better.  There doesn't look like there will be the summer rush for student visas this year so there should be some more openings.

thank you so much for your time and info! You have been of great help! So I’ll start looking at all the documents we need and start applying for her before she comes to the US