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Thread: Please help...no idea or similar post here before...AOS for parents

  1. #1
    Hi everybody,
    I want to ask this question for my friend, please help me if anyone knows something about it. He became US Citizen 11 months ago. He wants to bring his mother to this country because she is alone in her home country and her husband passed away 2 years ago. She doesn't have anybody but her only son in USA.
    If my friend files a petition for her it will take at least 10 12 years before it gets approved. She was lucky to get a visitor visa. Now I have read about AOS of parent if they are already in USA and there is no prior petition filed for parent. But its described just in 2-3 sentences. Please guide me to help him...can he file AOS once his mother will come here on visitor visa? What consequences will he have to face then? And what are the risk factors?
    Thank you for reading my post. Pasha.

  2. #2
    Hi everybody,
    I want to ask this question for my friend, please help me if anyone knows something about it. He became US Citizen 11 months ago. He wants to bring his mother to this country because she is alone in her home country and her husband passed away 2 years ago. She doesn't have anybody but her only son in USA.
    If my friend files a petition for her it will take at least 10 12 years before it gets approved. She was lucky to get a visitor visa. Now I have read about AOS of parent if they are already in USA and there is no prior petition filed for parent. But its described just in 2-3 sentences. Please guide me to help him...can he file AOS once his mother will come here on visitor visa? What consequences will he have to face then? And what are the risk factors?
    Thank you for reading my post. Pasha.

  3. #3
    Hi Pasha,

    You are a very good and concerned man for others. I highly respect you for that.

    Pasha, you have been there for me and I hope that the information I am about to give you will also be helpful to you. I did a little research and it looks as if your friend can bring his mother over on an I-130 since he is now a U.S. citizen and hopefully 21 or over.

    Go to this very easy to read website and hopefully since you know all of the details about your friend, you will find it very helpful.

    http://www.immigration.gov/graphics/...app.htm#Mother

    Good Luck, Pasha, and Best Wishes to your friend and his mother.

  4. #4
    Pasha,

    Make sure you read further on down that page. It also talks about what you should do and what to file if the parent is already here in the U.S. legally.

    Take care!

  5. #5
    Hi Feed Me Please,
    Nice to get a reply from you. Thank you very much and I appreciate it.
    I have some more questions before I can explain it to him. First of all I visited all those web pages and its given in description. I don't understand one thing. They have given 4 preferences for immigration but I didn't see parents anywhere...I guess you are getting me right now....1st preference for us spouse and unmarried children and so and so...but I didn't see anywhere parents...can you and anyone please explain it to me...in which category does INS consider parents?
    Somewhere I read (I m sorry I don't remember the source) if USC files AOS for parents once they are legally here and if its denied then you can't open the case again ... what does that mean? If INS disapproves the case so she won't be able to stay in USA with her only son for the rest of her life? Feed Me Please and everyone including attorneys-lawyers ....kindly explain it to me because I don't have much knowledge in laws but still wanna help somebody if I can....
    And last thing....did anybody file AOS for parents here on this board or went through such a case? I will appreciate your comments and suggestions....

  6. #6
    Pasha, Please read this and then explain why your friend and his mother would not qualify for the I-130. I am sorry, but I am having a hard time understanding why you are so concerned with all of the other questions when I have found this to be so clear, so please, forgive me if I am not reading into what you are meaning.


    Petitioning Procedures: Bringing a Parent to Live in the United States

    This information is for U.S. citizens who wish to petition for or "sponsor" their alien parent(s) to live permanently in the U.S. Only U.S. citizens are eligible to petition for their parent(s). A U.S. Citizen must be at least 21 years of age to petition for a parent. Lawful Permanent Residents may not bring their parents to live permanently in the U.S.

    If you are applying to bring your mother to live in the United States, you must file the following with the Bureau of Citizenship and Immigration Services (please note: if you have been legally adopted, you may not petition for your birth parent):

    * Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)

    * A copy of your birth certificate showing your name and your mother's name

    * If your name or your mother's name is different now than at the time of your birth, you must provide evidence of the legal name change.

    * If you were not born in the United States, a copy of either
    *your Certificate of Naturalization or
    Citizenship or

    *your U.S. passport


    Pasha, does this help?

    Please anyone, if I am not leading him in the right direction, I do hope that you will guide him and me down the right path.

    Just curious, Pasha. You said you did not see anything that read parent, the web page that I gave you earlier did not say what it said in the paste and copy above?

    Don't worry, Pasha, will get you through this one way or the other !

  7. #7
    Guest
    Pasha Patel:

    It's completely false that it will take 10-12 yrs for yr friend's mother to have green card. As well, his mother doesn't fall in any kind of preference cagegory because she is an immediate relative of an USC because yr friend is USC, which would make her eligible for immigrant visa immediately without waiting in line. Your friend may file I-130 for his mother in BCIS service Center in his jurisdiction, and then he can choose to process an immigrant visa either in Consulate at abroad thru consulate processing, or bring her over here on K visa after I-130 is approved and then apply for immigrant visa thru AOS over here instead of abroad.

    It's also false that she won't be allowed to file appeal if her case is denied here. Instead, yr friend will be allowed to appeal by all means if his I-130 is denied for his mother. And, his mother will also be allowed to appeal if her I-485 is denied here. However, if yr friend will choose to go thru consulate processing, then I must say that there is a limited option available for his mother to appeal. But, she can always apply again, or file another application, or overcome the denial reason.

    As you said that his mother has tourist visa, so my advise is she must use that visa to come here and after 90 days of her arrival, she must file AOS. She won't have any problem in respect to "preconceived intent" because BCIS doesn't even care about preconceived intent when an alien is an immediate relative of USC. It's automatically forgiven same as an alien's overstaying situation is automatically forgiven if s/he is an immediate relative of USC.

    If I were in yr friend's situation, I would definately let my mother to come over here on tourist visa and then she can apply for AOS here. It will eliminate the need of filing lots of other applications, timing, money towards processing fees. And, it's more essential when his mother doesn't have anyone at abroad to take care of her. And, I would definately say the same song as Sharukh Khan and Amitabh Bachhan have said in the movie-'Kabhi Kushi--Kabhi Gam', wherein it is said, 'mere dil me hei ab tu samaya...teri puja karu mei ratt din...ab na honge juda, kabhi kushi..kabhi gam'. Best luck to yr friend.

  8. #8
    Pasha,

    Listen to Sammy! Trust me, he knows what he is talking about.

    Sammy, THANK YOU SO MUCH!

    Take care!

  9. #9
    Hi everybody...Feed Me please and Sammy...
    Thanks a lot...I don't have worlds to say....

    To Feed Me Please...I can see that you have really tried to help me and give me all essential information what I needed..
    Thanks a lot for that...I now believe n that if you help somebody ...there will be people who will help you in order. Thanks a lot Feed Me please once again....cuz you really tried to put your considerable time in researching for third party...(not even me) that shows you are a very good person and I really respect you..

    To Sammy,
    Thanks a lot...you know...whenever I get any answer from you...I feel like I paid an attorney or lawyer to get a consultation. So it will be less if I thank you here or show my sincere greetings / thanks towards you here. But I would say... you are a very good person and help people whenever its needed...so my request is this...people like me need you and your guidance so keep browsing this column. Hey I belong to the same community as u do I guess... thanks for clearing my doubts...cuz I thought parents might fall under 4th category...but as you said here...they are immediate immigrants...so I m not worried about that to clear it to my friend....now as u wrote Indian song....i m just a bit concerned about my pervious question "what are the risk factors...?" yeah by profession I m a doc...so I always see risk factors first before looking at any good....Thanks....

  10. #10
    Hi Pasha,

    You really are so kind with your words. I did no more for you than you did for me. Just nice to have people around like you and so many others on this board. Thanks for being so great.

    By the way Doc, I have this pain in my chest on the left side............lol, only kidding.

    Hey Pasha, did you happen to see Mohan's response in regards to your situation? If not, I will copy and paste just in case. It was from "Dazed and Confused's" thread:

    mohan

    Member
    posted September 17, 2003 05:08 PM
    To feed me .
    Pasha patel had first preference catogary where priority date always becomes current. He just has to file I-130 and Aos package , it will take more then 6 months , not a longer perioed because parents are under first preference to USC. This is one advantage USC have which GC don,t have.

    I do hope everything is a little more clearer in regards to your last question, if not.....we will keep digging .

    Take care, Pasha!

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