Consular processing question

[stunna2018 7]

My mothers consular processing is about to come through. She doesn’t really plan to reside full time in the US. She’s probably going to travel back and forth. How long does she have to stay in the US on her initial entry with consular processing?

[Allaboutwaiting 2,503]

If she is not planning on residing full time, why then going through the whole permanent residence process?

[stunna2018 7]

1 minute ago, Allaboutwaiting said:

If she is not planning on residing full time, why then going through the whole permanent residence process?

The rest of our family lives here in the US. My mother is getting up in age. She’s probably just going to spend most of her time back home but obviously her family is here and also healthcare here is better. 
 

Would you be able to answer my question as to how long she needs to stay here when she comes the first time?

Edited April 25, 2023 by stunna2018

[JeanneAdil 6,484]

profile says you are just a LPR and no timeline to say if u r only that or have become a USC

so, as LPR, u can not apply for her to live here

 

so,  is  this a B1/B2 tourist  visa?

or did someone else apply  for her green card?

 

there are several different senerios but coming and going will be highly suspicious by CBP

Ideally she should not stay out over 180 days

as an LPR with green card ,she has  to file US tax returns

 

Can you stay outside of the US for 6 months?

 

If you plan to stay outside of the United States for more than one year but less than two years, you will need a re-entry permit for readmission. You must be physically present in the United States when you file the Form I-131 to apply for the permit.

 

[stunna2018 7]

1 minute ago, JeanneAdil said:

profile says you are just a LPR and no timeline to say if u r only that or have become a USC

so, as LPR, u can not apply for her to live here

 

so,  is  this a B1/B2 tourist  visa?

or did someone else apply  for her green card?

 

there are several different senerios but coming and going will be highly suspicious by CBP

Ideally she should not stay out over 180 days

as an LPR with green card ,she has  to file US tax returns

 

Can you stay outside of the US for 6 months?

 

If you plan to stay outside of the United States for more than one year but less than two years, you will need a re-entry permit for readmission. You must be physically present in the United States when you file the Form I-131 to apply for the permit.

 

Wow you went into things I didn’t even ask. I didn’t file for my mother. My brother that’s a citizen did.  

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Bringing Family of USC forum, where topics about IR5 (parent of USC) cases are discussed ***

 

[JeanneAdil 6,484]

1 hour ago, stunna2018 said:

Wow you went into things I didn’t even ask. I didn’t file for my mother. My brother that’s a citizen did.  

Because u did not post what visa she was going for and as an LPR,  you couldn't apply 

so,  this might have been tourist visa which is usually 10 year but time in and out of USA is also important for a tourist

and to get the right answers ,  its important 

[carmel34 3,620]

17 hours ago, stunna2018 said:

She doesn’t really plan to reside full time in the US. She’s probably going to travel back and forth. How long does she have to stay in the US on her initial entry with consular processing?

Assuming that she gets an immigrant visa after the interview abroad, she can enter the US and leave immediately with the passport stamped, to validate the visa and her status as an LPR.  The likely problem that she will face in the future is if she stays outside of the US too long, she could lose her LPR status.  She might be able to travel back and forth for a while, but at some point, a CBP officer may question her on one of her trips to the US.  If she is staying outside of the US longer than she stays in, she could receive a notice to appear in immigration court, where a judge could revoke her LPR status and deport her, making it very difficult for her to return, even on a tourist visa.  You should also become familiar with a reentry permit, and its application form, an I-131.

Edited April 26, 2023 by carmel34

[Crazy Cat 41,769]

22 hours ago, stunna2018 said:

She’s probably just going to spend most of her time back home

That will be a mistake.  I would convince her to change those plans.  A Green Card is not a glorified visitor visa.

[Nikita2Charles 32]

Assuming that she comes with the green card, she has to spend more time in the US than in her country, and let say in about 5 years or so, she can apply for us citizenship, once she's a citizen she can comes and go, and stay in either place for as long as she wants.

 

[dwheels76 5,468]

23 hours ago, stunna2018 said:

My mothers consular processing is about to come through. She doesn’t really plan to reside full time in the US. She’s probably going to travel back and forth. How long does she have to stay in the US on her initial entry with consular processing?

There's no set time one has to stay when they first immigrate. Many people have to leave immediately for job obligations to fulfill and finish moving and packing in their country. She can turn around and leave on the next plane. Just as long as she stays in the US more than out her green card won't be in question.