I-130 or B2 extension? What would you do?

[Andy773 0]

Hi all

new member, first post here... did not touch any immigration topics for probably 10+ years, a lot of things have changed

 

So the long story short, my parents were visiting me since last November, and my dad passed away few weeks before they were going to fly back home

Due to covid and border lockdown, we decided my mom would stay for the time being, and we filed B2 status extension (which was not even reviewed, but thats unrelated).

Now, the 6 month are about to expire (we filed for 6 month), my mom still can't fly back (78 y.o. thus at risk, and scared of formalities she does not understand).

 

So I need to decide if I should file another extension, or file i-130 and apply for a greencard. She likes it here, hasn't decided if she wants to stay permanently, but could be flying back and forth (at that age, it is difficult to predict).

 

I was thinking to apply for a GC, but now found that process is no longer that "predictable" due to the new "public charge" rules.

 

Her circumstances are:

• She is 78 yo
• No health insurance
• No own savings of any significance, very low (by any US standard) state pension income from the foreign state
• no major ongoing health issues
• no history of using public benefits
• No negative "records" of any kind

 

As a sponsor, I would have no problems - our household income is above 250% poverty levels, I am employed and have savings to show.

 

What do you think are the chances of i-485 and i-944 being approved in such circumstances? since both "heavy weighed" positive and negative factors are present.. if they are low, I'd rather apply for another extension for now. we might end up with another president and rules changed few month later after all...

[designguy 1,179]

22 minutes ago, Andy773 said:

my mom still can't fly back (78 y.o. thus at risk, and scared of formalities she does not understand).

 

So I need to decide if I should file another extension, or file i-130 and apply for a greencard. She likes it here, hasn't decided if she wants to stay permanently, but could be flying back and forth (at that age, it is difficult to predict).

Air travel is actually quite safe based on the testing they have done and based on what you are saying she seems able to fly

 

 

I believe you can only get 1 6 month extension for a total stay of 12 months. If she plans to live in the US then go for it with the AOS otherwise try and get her back  home as soon as possible as a single day of overstay will mean her B visa is cancelled and highly unlikely she will qualify for another one. Chance of success with the I-485 would probably be pretty good with your income level. Keep in mind the costs for healthcare/insurance are quite high and she won't qualify for medicare so you will be paying out of pocket

 

[Lucky2Lucky 2,526]

She can not get another extension. She has to either leave or decide she wants to immigrate to the US. I assume she has nothing left in her home country after being in the US for a year. If you get denied down the road for not being able to sponsor her you will need to find a joint sponsor or mom will have to give up her hopes of immigrating to the US. 

Edited November 2, 2020 by Luckycuds

[Andy773 0]

Thanks for the responses!

 

Are there any known cases showing that high household income and no-records overweight the negative factors for elderly parents (age and lack of private medical insurance) when considering AOS with i-944?

 

 

[SusieQQQ 11,587]

1 minute ago, Andy773 said:

Thanks for the responses!

 

Are there any known cases showing that high household income and no-records overweight the negative factors for elderly parents (age and lack of private medical insurance) when considering AOS with i-944?

 

 

Well,she won’t be able to lack private insurance if she is immigrating - you’ll need to fund that for her. You may be asked to show how you plan to do that, some people have, so you may as well research those costs and be able to show how you‘ll cover them when she immigrates.  Trust me as someone with an elderly parent, someone can have no health issues for many years and then it can go all downhill very very quickly. Public charge requirements aside, she needs insurance.