Filing for mom while she is here from UK

[EMBELL_17 103]

My mom is here on ESTA. I want to file for her residence. If I file for her while she is in country, does she have to travel back to the UK while the application is pending?

[appleblossom 2,949]

18 minutes ago, EMBELL_17 said:

My mom is here on ESTA. I want to file for her residence. If I file for her while she is in country, does she have to travel back to the UK while the application is pending?

 

No, and in fact she can't leave until she has AP in hand. Make sure she's ok with not being able to leave the country for up to 9 months or so - if she's not ok with that then it would be better for her to return to the UK and you apply for her via consular processing. 

[EMBELL_17 103]

5 minutes ago, appleblossom said:

 

No, and in fact she can't leave until she has AP in hand. Make sure she's ok with not being able to leave the country for up to 9 months or so - if she's not ok with that then it would be better for her to return to the UK and you apply for her via consular processing. 

She actually prefers not to have to leave. Thank you!

[appleblossom 2,949]

Just now, EMBELL_17 said:

She actually prefers not to have to leave. Thank you!

 

Ah perfect. Some people don't like the idea of not being able to leave if there was an emergency in their home country. 

 

As long as she definitely didn't intend to stay when she entered the US (i.e. hasn't given up a home in the UK, shipped her possessions etc) then she should be good to go, and you can apply before her ESTA expires.

 

Good luck. 

 

 

[SalishSea 18,079]

59 minutes ago, EMBELL_17 said:

She actually prefers not to have to leave. Thank you!

She also won’t be able to work.   You will need to come up with a plan for health insurance, since she won’t be eligible for Medicare or Medicaid.

[JeanneAdil 6,609]

Interview for naturalizaiton is set for May 2024  /not a USC yet /  best of luck on your interiew

 

you must be a citizen to AOS   for a parent

 

https://www.uscis.gov/family/family-of-us-citizens/bringing-parents-to-live-in-the-united-states-as-permanent-residents

 

To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

 

do the interview,  take the oath and then petition for her

[Boiler 45,940]

As long as she has an excellent pension, she can buy Insurance through the ACA, I know my Mum it would not have been financially possible, too many medical issues.

 

Good Luck

[appleblossom 2,949]

14 hours ago, JeanneAdil said:

Interview for naturalizaiton is set for May 2024  /not a USC yet

 

Ah. @EMBELL_17, when does your mothers period of stay on her ESTA expire? I guess it will depend on when your oath ceremony is, but hopefully you have enough time to petition for her after you become a citizen and before she has to leave.

Edited March 30, 2024 by appleblossom

[Boiler 45,940]

46 minutes ago, appleblossom said:

 

Ah. @EMBELL_17, when does your mothers period of stay on her ESTA expire? I guess it will depend on when your oath ceremony is, but hopefully you have enough time to petition for her after you become a citizen and before she has to leave.

She is not leaving

 

She is going to stay and adjust

[SalishSea 18,079]

54 minutes ago, Boiler said:

She is not leaving

 

She is going to stay and adjust

Except it sounds like the OP is not yet eligible to petition a parent.   

[Boiler 45,940]

Well not now, when she is.

[SalishSea 18,079]

4 hours ago, Boiler said:

Well not now, when she is.

The risk would be if she overstays, and then the naturalization is delayed or denied.   She would be out of status, and not as an immediate relative.   It’s a gamble, IMHO.

[Boiler 45,940]

Assuming she qualifies to naturalise the longest it would be is 120 days amd we have people who have adjusted after many decades..

[appleblossom 2,949]

19 hours ago, Boiler said:

Assuming she qualifies to naturalise the longest it would be is 120 days amd we have people who have adjusted after many decades..

 

Depends on the risk tolerance of the OP I guess. I wouldn't do it with my mother, but she's probably much more elderly than the OP's, and I wouldn't want to put her through the stress/hassle and potential of having ESTA taken away personally. 

 

Of course, she may have only arrived a couple of days ago and still have plenty of time left if the OP gets her oath ceremony quickly, we don't know what the situation is. 

[Boiler 45,940]

AlpR has no need of ESTA.

 

Last time my Mother visited the issue was Travel insurance, anyway a lot we do not know.