Proof of domicile (Pakistan) URGENT REPLY

[rockman 0]

Hello,

 

Kindly hear me out. 

My mother is my sponser. She is 64 and retired and relies on me for looking after her. 

Everytime she has been away from us we had made sure to apply for a re entry permit after which we made sure to have her visit the states every 6 months.

I have recently given my interview at the embassy,Islamabad. 

I was not asked much and was handed over a letter 221 G with proof of domicile. My passport was withheld at the embassy (i dont know if this good or bad) 

 

Since then,

 

• I have made sure to purchase property in her name through my funds. 
• I have transferred large sum into her accounts in US. 
• I have contacted the physicians who are looking after her in pakistan who have generously written me letters advising her to follow her treatment here. 
• I am in process of writing a declaration in her name that she depends on me for financial and emotional concerns. 
• She cant vote yet as state bylaws don't allow green card holders to ... and she cant buy a car as she cant drive. 

 

Although I understand she has to physically be in US but it does not seem possible in my situation. 

 

Please help me out here;

 

1) IS THE ABOVE ENOUGH?

 

2) ANYTHING ELSE I CAN DO TO MAKE MY APPLICATION STRONG? 

 

3) HOW MUCH TIME DOES IT REQUIRE FOR ADMINSTRATIVE PROCESSING IN MY CASE? 

 

Would appreciate if anyone could respond to this URGENTLY!

[milimelo 4,202]

That’s not going to help prove domicile especially letters on why she has to rely on you. 

 

They want to see that she’s in the US before they’ll issue your visa. 

How about lining up medical appointments in the US, health care insurance and any proof of actual flight itinerary for near future coupled with move quotes for effects from shipping companies? 

 

I don’t see any copies of filed tax returns to prove domicile. 

 

How did your mother get her green card? 

[Going through 5,668]

7 minutes ago, psychoroxxy said:

Everytime she has been away from us we had made sure to apply for a re entry permit after which we made sure to have her visit the states every 6 months.

This statement sounds like she is residing in Pakistan for long periods of time and is only doing "touch-downs" in the US every 6 months (in an attempt to keep her LPR status)....A green card is for residing in the US....not "visiting" it.  This is why they are requesting more proof of domicile because they are rightly assuming she is using her GC as a sort of glorified tourist visa.

 

Is she is the USA right now?

 

13 minutes ago, psychoroxxy said:

Although I understand she has to physically be in US but it does not seem possible in my situation.

Why is it not possible for her to reside in the US?  That was the whole point of her getting a green card in the first place, wasn't it?  Does she have any other family/friends who can help care for her needs in America?

[Going through 5,668]

46 minutes ago, psychoroxxy said:

• I have made sure to purchase property in her name through my funds. 
• I have transferred large sum into her accounts in US.

Not the best move on your part, and the second one certainly does not prove domicile.  You recently transferring large sums of money into her US accounts and buying property in her name through a foreign account right after your interview actually hurts since it more proves that she is just trying to *appear* as though she resides in the US, while not actually living here.

 

Has she filed taxes since becoming a US resident?  That's one good piece to have.

 

 

[TNJ17 1,329]

Yeah greencard holders need to reside in the states and not visit every six months. She’s gonna have to go back and restablish residency assuming her LPR status isn’t damaged now before they’ll issue you a visa. Where are her tax returns? What does she do for a living? She just sounds like, in the words of a previous poster, a glorified tourist with a greencard. 

[TNJ17 1,329]

You need to check to see if her LPR is even still active because if she’s spent this much time out they may as well have revoked it. Then not only is her permanent residency is done, your petition is no longer valid because she was your sponsor and can no longer sponsor you and your current application will be returned to USCIS. 

[Sm1smom 242]

This is going to come across as a judgmental post, and I honestly do no like the fact that I’m making it (there are enough people in this forum who constantly do that as it is and I find it irritating), but it needs to be said. 

 

To OP: you do realize a family based GC is intended for family reunification purpose? If your retired 64 years old mom depends on you (who lives in Pakistan and she lives there with you) to take care of, why on earth is she sponsoring you for a GC? If it’s not possible for her to live in the US since getting her GC without you, why doesn’t she just give up the GC and stay there with you, after all she has a medical condition that requires her to “follow medical treatment” where she is? Cases like this is precisely what gives the present administration and their base legitimate reasons for their current stand on immigration. 

 

I’m sorry I’m not sympathetic to your case because all I see is an exploitation of the loopholes in the US immigration system. Your Mom is using a re-entry permit to keep her GC alive while she actually lives in Pakistan. No steps have been taken to establish a US residency which is what being a LPR is about. You suddenly bought  a house in her name, made a huge deposit in her US account with the mind of fooling the embassy and getting them to issue you with an IV.

[Crazy Cat 39,237]

2 hours ago, psychoroxxy said:

Everytime she has been away from us we had made sure to apply for a re entry permit after which we made sure to have her visit the states every 6 months.

Based on this statement alone, it sounds as if your mother doesn't actually qualify to keep her Green Card.........and the things you listed don't prove domicile for her.....or for you.

Bottom Line:  It seems she is living in Pakistan and making visits to the US.  That is not how immigrating to the US works.  She needs to either live in the US or live in Pak.  She can't primarily reside in both places at once.

[Crazy Cat 39,237]

One more thing......the next time your mother tries to enter the US, there is a strong chance she will face an immigration judge.

[Going through 5,668]

OP you requested "urgent advice"----hopefully you can come back this thread to clarify a few things/answer questions that were asked.

Hard to help you urgently otherwise.

[Roel 7,191]

What you need to do is to make sure your mother moves pernamently to the USA. I highly doubt just establishing domicile with her not actually living in the US will help in any way. 

 

If she can't move then I'm sorry but you're not moving to the USA either. 

[Boiler 43,435]

If she only wants to visit the US every 6 months a tourist visa would see more appropriate.

 

She can hand in her GC by filing an I 407.

[rockman 0]

Thank you all for the response. 

 

Let me share a bit more hoping to clarify the above questions. 

 

My mother had applied for a green card through family based immigration F-4 as a dependant of my father. She had to spend a lot of time eventually recieved a call. She wasnt getting any younger. She has not filed for taxes as she is retired and unemployed. I had a joint sponser for my application. 

 

She is currently residing in the US. We have made arrangements of property purchase with an intention to live  where.

 

Thank you guys as I was hoping to clarify my current standing which seems is not enough to prove to authorities so I understand there should be permanent arrangements for her to live there .
 

BTW how much time does adminstrative processing take?

[Boiler 43,435]

Being retired and unemployed does not mean she does not have to file taxes, certainly something she needs to discuss with her CPA.

 

AP can take weeks, months, sometime years.

[rockman 0]

Thanks Boiler 

 

I really appreciate the feedback. 

 

On her current visit, she will meet a tax officer. We need all the help we can get.