I-130 for mom (split)

[Kish.2328 9]

On 5/9/2022 at 4:54 PM, Aschenbecher said:

I did not find I-130 May 2022 May Filers for parents so i created one.

 

I submitted Application for my mom on 1st of May 2022. Got NOA1 on the same day.

Sent to Potomac SC.

 

Now i just wait.

 

Hello!

 

I am a US citizen and planning to petition my mom. She does not really want to immigrate here, but her B2 visa renewal was denied recently. So I am thinking my next avenue is to just petition her.
 

I have a limited knowledge regarding the process of filing the i130, and my questions are:

 

1. Once I file, and lets say she went through all the hoops (medical, interview, approved) will she be granted a green card once she arrives in the US? What is the validity of that card?

2. Since she does not really want to stay here more than 3 mos, can she leave the US longer than a year? 
 

[Boiler 45,482]

1 minute ago, Kish.2328 said:

Hello!

 

I am a US citizen and planning to petition my mom. She does not really want to immigrate here, but her B2 visa renewal was denied recently. So I am thinking my next avenue is to just petition her.
 

I have a limited knowledge regarding the process of filing the i130, and my questions are:

 

1. Once I file, and lets say she went through all the hoops (medical, interview, approved) will she be granted a green card once she arrives in the US? What is the validity of that card?

2. Since she does not really want to stay here more than 3 mos, can she leave the US longer than a year? 
 

Why do as she refused a B

 

green Card is not a tourist visa, at some point she will start have ng issues 

[Kish.2328 9]

12 minutes ago, Boiler said:

Why do as she refused a B

 

green Card is not a tourist visa, at some point she will start have ng issues 

What issues do you think we would run into? 

[Boiler 45,482]

My auto correct changed the answer why was she refused a B, matters.

 

At some point they will cotton that she pis not living in the US, can complicate non immigration issues like taxes and health insurance 

[Ontarkie 14,220]

~~Hijack post and related replies split off to its own thread.~~

[SalishSea 17,824]

52 minutes ago, Kish.2328 said:

What issues do you think we would run into? 

Green cards are for living in the US, not for visiting.   From what you’ve said, she’s not eligible for a green card.

[SteveInBostonI130 3,434]

2 hours ago, Kish.2328 said:

2. Since she does not really want to stay here more than 3 mos, can she leave the US longer than a year? 

 

 

1.  She will need to file US taxes when she gets her GC.  

 

2.  She will need to explain to CBP just about every time she enters the US why she stayed away for over 6 months.

 

3.  After the 2nd, 3rd, 4th time or so, CBP will question whether she actually resides in the US or if she resides mainly elsewhere.  She can be pressured to sign the I-407 to relinquish her LPR status or be given an NTA to appear in immigration court.

 

As Boiler mentioned, find out why her B2 renewal was denied and work from there.

Edited May 16, 2023 by SteveInBostonI130

[luckygal 1]

GC is good for 10yrs. Just make sure she stays more than 6months in a given year in the US. If she will stay more than 6months in the Phil, a reentry permit must be applied before departing the US. But be prepared to be asked questions by the officer upon arrival in the US.