thoughts on applying from third party country for parents?

[HRQX 4,145]

2 hours ago, Lucky Cat said:

Normally, immigrant visa applicants are not allowed to interview in other countries as visitors.

Actually can interview in another country as a visitor but the visitor status must be long enough to cover the IV processing. So it'll depend on how long her visitor status is in Sweden: https://fam.state.gov/fam/09FAM/09FAM050404.html "Application of Nonresident Alien Physically Present in District: Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

Edited January 31, 2021 by HRQX

[SusieQQQ 11,587]

14 minutes ago, HRQX said:

Actually can interview in another country as a visitor but the visitor status must be long enough to cover the IV processing. So it'll depend on how long her visitor status is in Sweden: https://fam.state.gov/fam/09FAM/09FAM050404.html "Application of Nonresident Alien Physically Present in District: Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

Would suggest that she is in that case 110% sure that all her civil documents are exactly in order. Sweden is unlikely to be familiar with Ukrainian documents and any issues could see her on administrative processing, potentially for months. If she has been in Sweden longer than 6 months by the time she interviews she’d also need a Swedish police certificate, so suggest she find out if there will be any problems with Sweden issuing police certificates to people on visit visas.

 

I can imagine it would be a logistical nightmare if her allowed time in Sweden runs out during an extended administrative processing scenario (especially given that at this point we have no idea how long petition processing and interview scheduling will take through all the backlogged visas) and then she might have to get the case transferred back to Kiev anyway. If it were me and my mom - I’d probably just have her fly back home for the couple of weeks it takes to get the medical done and visa issued.

 

[thedecider700 0]

Thanks all this is really helpful and some good things we'll need to think about.

[Crazy Cat 42,160]

37 minutes ago, HRQX said:

Actually can interview in another country as a visitor but the visitor status must be long enough to cover the IV processing. So it'll depend on how long her visitor status is in Sweden: https://fam.state.gov/fam/09FAM/09FAM050404.html "Application of Nonresident Alien Physically Present in District: Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

Thanks for the reference.  Doesn't seem to be a very common situation.

Edited January 31, 2021 by Lucky Cat

[Scandi 4,180]

If she holds a Ukraine passport she has access to all of EU, for work and/or to live. No visas or residency needed. No idea about the US visa stuff though.

[laylalex 7,300]

21 minutes ago, Scandi said:

If she holds a Ukraine passport she has access to all of EU, for work and/or to live. No visas or residency needed. No idea about the US visa stuff though.

That doesn't sound right. Ukraine's not a member of the EU, and AFAIK there's no right to live and work in the EU for citizens of non-EU nations.

[Scandi 4,180]

53 minutes ago, laylalex said:

That doesn't sound right. Ukraine's not a member of the EU, and AFAIK there's no right to live and work in the EU for citizens of non-EU nations.

You're probably right about them (not) being in the EU, my bad (they just have the right to travel freely within EU). But for those who are, they have the right to work and live in any EU country, no permission needed.

Edited January 31, 2021 by Scandi

[SusieQQQ 11,587]

1 hour ago, Scandi said:

If she holds a Ukraine passport she has access to all of EU, for work and/or to live. No visas or residency needed. No idea about the US visa stuff though.

Ukraine is not a member of the EU so no right to live and work. They can travel visa-free to schengen countries for up to 90 days, which does not cover the period of time OP is talking about.