Immigrating with a family

[Browning]

Dear Sirs,

I am a Polish citizen with a PhD in Physics from a German Max Planck Institute and 6+ years of experience in the software development for various industries. I am currently considering the immigration to the USA because I believe in the American values of freedom and responsibility. I suppose I should not have much difficulty with the US Immigration Service once I get a job. However, I am worried if I am allowed to bring my dependents with me. I have a wife and two children and an elderly mother, who is retired and whose only relative I am. I am quite sure I can support all of the relatives financially – I am doing nothing different now – but will the US officials accept this circumstance?

[Browning]

Dear Sirs,

I am a Polish citizen with a PhD in Physics from a German Max Planck Institute and 6+ years of experience in the software development for various industries. I am currently considering the immigration to the USA because I believe in the American values of freedom and responsibility. I suppose I should not have much difficulty with the US Immigration Service once I get a job. However, I am worried if I am allowed to bring my dependents with me. I have a wife and two children and an elderly mother, who is retired and whose only relative I am. I am quite sure I can support all of the relatives financially – I am doing nothing different now – but will the US officials accept this circumstance?

[KMcTram]

It would depend on what kind of visa you get -- although you will likely be able to bring your wife and children. You will not be able to bring your mother. She would only be able to come (and stay other than a visitor) once you became a citizen.

[Browning]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">other than a visitor </div></BLOCKQUOTE>
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">She would only be able to come (and stay other than a visitor) once you became a citizen. </div></BLOCKQUOTE>
1. I understand that she'll be able to come as visitor. What is a visit? Can this be 360 days in a year?
2. Can this be overcome somehow? I stress that:
a. all costs will be carried by my modest person
b. my mother is not going to rob any US citizen of his job
c. I am the only relative so leaving her behind would be inhuman.
Is there a way (via a lawyer perhaps) to convince the authorities that we will be a benefit and not a burden to your country?

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Browning:
1. I understand that she'll be able to come as visitor. What is a visit? Can this be 360 days in a year?
</div></BLOCKQUOTE> No, that would be living not visiting. Maybe she'll be allowed to stay for 6 months the first time (that's max). More often she visits, more likely is that she'll be given less days to stay...If she comes too often, and officer concludes that she is actualy living in the US, she may not be let into the US (that's one extreme but it may happen). Let's say if you spend 10 months in Australia every year, and 2 in Poland, would you say you live in Poland or Australia? The same would apply for your mother.
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Browning:
2. Can this be overcome somehow? I stress that:
Is there a way (via a lawyer perhaps) to convince the authorities that we will be a benefit and not a burden to your country? </div></BLOCKQUOTE> No, there are laws and a parent can't be included as a dependant on any visa. Mother or father may be only directly petitioned by their US citizen children.

[Browning]

OK that concludes the issue.
Thank you very much.