Is parents immigration still open? Coronavirus

[Abcd1234 102]

I have visiting parents that we have decided to apply for green card. Now looking at 2 options if you can guide me.

   1) should we apply from here while they are legally in us in visitor visa.

  2) should they travel back and we apply for them.

    The problem is that I am finally planning to buy a buisness in sep, 2021. And i think they can be great help if they work at my business. I am thinking if and when they get work permit they can join me at my buisness and it would be great if it is possible.

   If they go back, are immigration visas for parents open? I heard president put some kind of ban on parents immigration from any country because of coronavirus? Is it true.

  Thanks

[payxibka 10,047]

35 minutes ago, Abcd1234 said:

I have visiting parents that we have decided to apply for green card. Now looking at 2 options if you can guide me.

   1) should we apply from here while they are legally in us in visitor visa.

  2) should they travel back and we apply for them.

    The problem is that I am finally planning to buy a buisness in sep, 2021. And i think they can be great help if they work at my business. I am thinking if and when they get work permit they can join me at my buisness and it would be great if it is possible.

   If they go back, are immigration visas for parents open? I heard president put some kind of ban on parents immigration from any country because of coronavirus? Is it true.

  Thanks

IR 5 visas are currently suspended.   This might all change if we get a new administration 

[SusieQQQ 11,587]

Current ban is supposed to expire in 10 days, on 31 December. Even if Trump renews it Biden is likely to rescind the ban when he gets sworn in. So I don’t think that’s a factor. Ban will be gone long before the petition is approved.
 

Hopefully you want your parents to immigrate for reasons other than just to work in your business, but if they will still be earning after they immigrate that is certainly a point in their favor from a public charge perspective. You can file to adjust for them now if they are happy to not be working or able to travel outside the US for at least 6 months and apparently now more like 8 months or even longer now, until AP/EAD arrive. They might be happier waiting for the visa in their home country given those constraints. 

[Abcd1234 102]

55 minutes ago, SusieQQQ said:

Current ban is supposed to expire in 10 days, on 31 December. Even if Trump renews it Biden is likely to rescind the ban when he gets sworn in. So I don’t think that’s a factor. Ban will be gone long before the petition is approved.
 

Hopefully you want your parents to immigrate for reasons other than just to work in your business, but if they will still be earning after they immigrate that is certainly a point in their favor from a public charge perspective. You can file to adjust for them now if they are happy to not be working or able to travel outside the US for at least 6 months and apparently now more like 8 months or even longer now, until AP/EAD arrive. They might be happier waiting for the visa in their home country given those constraints. 

Thanks 4 reply,

 I sure would love to have them for being my parents,  work is just a plus.( else i can hire anyone, right)

   So, question,  

   Lets say i apply for them now and they get their work permit in some months and they start working. Now , can i include their income in i864 as well if my income is not enough to reach 125% even if they work only few months?, also my dad is retired gov servant in his home country,  and he gets retirement every month in there, can he show his overseas retirement income there as well to bump up to the threshold? 

   Also , i had some investments in stocks, that i sold at higher prices,  can i show that capital gain income if i am short? I just want to make sure i have all in good shape before i apply?

   Oo lastly, there is no restriction if i want to file for i130 now right? Or current rule wont let me apply.

[SusieQQQ 11,587]

10 minutes ago, Abcd1234 said:

Thanks 4 reply,

 I sure would love to have them for being my parents,  work is just a plus.( else i can hire anyone, right)

   So, question,  

   Lets say i apply for them now and they get their work permit in some months and they start working. Now , can i include their income in i864 as well if my income is not enough to reach 125% even if they work only few months?, also my dad is retired gov servant in his home country,  and he gets retirement every month in there, can he show his overseas retirement income there as well to bump up to the threshold? 

   Also , i had some investments in stocks, that i sold at higher prices,  can i show that capital gain income if i am short? I just want to make sure i have all in good shape before i apply?

   Oo lastly, there is no restriction if i want to file for i130 now right? Or current rule wont let me apply.

You can file now, sure.
It sounds like you might have trouble meeting the sponsorship requirements. I suggest you very carefully read the sections regarding use of income and assets on the instructions for i864, see pages 7-10 of https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf  A one time sale of investments is not going to count (unless it leaves you with liquid assets five times the difference between your income and the required sponsorship amount).  It sounds like you may need to look for a joint sponsor. 

[Abcd1234 102]

7 hours ago, SusieQQQ said:

You can file now, sure.
It sounds like you might have trouble meeting the sponsorship requirements. I suggest you very carefully read the sections regarding use of income and assets on the instructions for i864, see pages 7-10 of https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf  A one time sale of investments is not going to count (unless it leaves you with liquid assets five times the difference between your income and the required sponsorship amount).  It sounds like you may need to look for a joint sponsor. 

Thank you so much.

   So in my calculation, the stocks that i own, if i divide it by 5, and add it to my income, i do meet 125% income. 

     So usually stock value considered as something that i can show as assests? in i184, because I have over $50k in stocks, do the money have to be sitting in the same account for certain period of time in order to qualifyas assets?, like i have bought them just a year ago and I sometimes sell one and buy another one.

   I am asking it because I want to plan if i should delay their filing and hustle and make extra income next year and then file ( as i dont have joint sponsor), i want to file asap though, or like i said

  my income + 1/5 stock value ( owned just a year so far) exceeds 125% requirement. 

    Is there usually any problem using assets instead of income? Thank again

[SusieQQQ 11,587]

We have seen a number of reports here of people trying to find use assets being told to find a joint sponsor. And remember the numbers are minimums. No guarantees. I have to ask, and CO may raise question, how you plan to pay for health insurance for parents with such tight numbers. You’re probably looking upwards of $1000 a month for both of them. Will they be able to work/pay 10 years of Medicare contributions before they retire here? 

[Abcd1234 102]

57 minutes ago, SusieQQQ said:

We have seen a number of reports here of people trying to find use assets being told to find a joint sponsor. And remember the numbers are minimums. No guarantees. I have to ask, and CO may raise question, how you plan to pay for health insurance for parents with such tight numbers. You’re probably looking upwards of $1000 a month for both of them. Will they be able to work/pay 10 years of Medicare contributions before they retire here? 

Hmm, that makes sense. However, the way my taxes are set up in buisness,  i can pay myself extra in salary and I think i should wait then to have higher income for the whole year. I think you are right. It is just that i will have to change how i pay taxes i figure. Rather than money going to my LLC as profit, i can setup higher income for me and less profit in my company.

   So that actually brings me to another question: would my parents not qualify for subsidy under healthcare.gov as an immigrant? For example after premiums me and my wife (who is also new immigrant) hardly pay 100 bucks monthly together, and i am planning  to hire my parents with about same income as we earn as of now, so i was thinking i will have about same monthly premium for them? Can they get insurance from healthcare.gov once they get greencard?

   Also, about retirement,  since you brought it up, i had a question about that as well for long time and i dont know who to ask, hopefully you can answer, do they have to complete 40 credit hours of work (10 years) by certain age (eg 70 years) to qualify for social security retirement benefits, can they qualify for retirement benefits even if they for example complete it afterwards like 72 years of age, and can still qualify from age 72 onwards? My dad may cross age 70 by the time he completes 10 years of work and we plan to apply for retirement once they complete 10 years of work. My mom is younger relatively and will complete it before reaching 65.

    Actually, I have no one with them overseas,  so i want to take care of them when they are old and have them with me.

   Luckily they are healthy and plan to work here in USA, and i can hire them happily for 10 years or more and can have w2 setup for them till they are retired.

[SusieQQQ 11,587]

We have seen so many reports here of people being caught short immigration wise because of strategies they have used to minimize taxable income. 
 

Immigrants are supposed to be able to fund healthcare without subsidies, some states are more lenient, you may find that a CO or IO is very unimpressed when you tell them to you plan to use subsidies from day 1. Being healthy now is not the same as being healthy at 75.

[carmel34 3,651]

11 hours ago, Abcd1234 said:

Now , can i include their income in i864 as well if my income is not enough to reach 125% even if they work only few months?, also my dad is retired gov servant in his home country,  and he gets retirement every month in there, can he show his overseas retirement income there as well to bump up to the threshold? 

No, you will have to meet the I-864 income + assets requirements on your own or find a qualified co-sponsor in the US who does.  Your dad's foreign-source retirement income (if documentation can be provided to show that it will continue if he immigrates to the US) could help in the totality of the circumstances assessment by the officer making a decision on their case, whether it is adjustment of status or consular processing abroad.  Also, read and study very carefully the statements regarding how to calculate and document self-employment income on the I-864 instructions.  Good luck!

[Nensysun 1]

You should bring them in first before pushing for a permit if I would suggest, my sister did same.

[sol_sol 31]

Biden is going to extend the ban 

[mol4yn 5]

18 hours ago, sol_sol said:

Biden is going to extend the ban 

Source? 

[sol_sol 31]

@mol4yn

It does not make sense to renew immigration when Americans are themselves struggling with Corona Virus

[Nensysun 1]

Yes, in the UK, although we are facing pandemic, i have managed, along with my manager Harriet from London Jobs agency to secure my arrival and after it, we went into process of visa extension. You should find some agency in USA to help you with arrival.