Permanent Residency for US Citizen's Parents who reside abroad

[Calikitkat 16]

Hi guys,

 

I will become US citizen, hopefully very soon ha ha, and I was thinking to apply for permanent residency for my parents who currently reside abroad. 

I was reading on the USCIS website about the process but I have a few questions left unanswered.

 

The first step seems to be me applying for the I-130's for them here in the US. Once those get approved, they will have to go to the US consulate in their country, to complete their visa process. Here is where I have a question. Will they get their permanent resident card for 10 years at the consulate? Or will they just get the visa in the passport? And then they have to come here, and apply for adjustment of status? 

 

Is the adjustment of status application necessary in any case or only if my parents come to visit and then decide to adjust status? They currently have a visitor visa for 10 years. Since they have this, does it make sense for me to apply for I-130 for them or should they just come here on their visitor visa and apply for adjustment of status?

 

Another question I have is: what are the requirements for them to maintain their permanent resident card and get US citizenship after 5 years? How much of their time needs to be spent in the US? My mother currently works full time in their country so would it even make sense applying for permanent residency for her before she retires? 

 

Thank you kindly for reading my questions and I would appreciate any info you might have on these matters. 

Edited March 15, 2018 by Calikitkat

[WeGuyGal 1,052]

Once a USC, you may begin by petitioning your parents. At first, file the i130, and when approved, follow the NVC process leading to an interview at the US embassy. The process takes about 1 year. They get an IR5 visa in their passport after the interview, and would be asked to pay the green card fee. When they enter the US on that visa, CBP endorses that visa which will serve as their temporary green card. They will then get their physical Permanent Resident card in the mail. Therefore, no adjustment of status is needed. 

 

Remember, the green card is called a permanent resident card. They must live in the US permanently, and file US taxes. If your mom is not ready to move to the US, you can wait to petition her a year before she is ready. 

 

So, in summary, Consular Process overseas, and they must live in the US permanently. 

[Sunnyland 639]

Once you become a USC I would be filing asap since everything is taking 1 year or more. Keep in mind that Trump administration will try to end chain immigration and that includes sponsoring for parents. Do you know when is your interview/exam for N400? 

[WeGuyGal 1,052]

4 minutes ago, Sunnyland said:

Once you become a USC I would be filing asap since everything is taking 1 year or more. Keep in mind that Trump administration will try to end chain immigration and that includes sponsoring for parents. Do you know when is your interview/exam for N400? 

'Will try' and 'actually ending' are two separate things.  Ending chain migration might still happen, but looking less likely atm. After all, trump's own inlaws seem to be chain migration beneficiaries. 

 

That being said, if OP's mom isn't ready to give up her overseas job, OP has no choice but to wait to petition her. Mom can't have it both ways; a green card and working overseas. It's called a permanent resident card for a reason; she has to live in the US (and work here in the US if she chooses to). 

[jkstark 97]

Further, they cannot enter on a visitor visa and adjust status, afaik.

[SusieQQQ 11,584]

agree that it’s best not to do it until they are actually ready (or a year or so from being ready) to move. She will not be able to fulfil the residency requirements of a green card if she is living and working elsewhere. 

 

one thing you might want to look into if you haven’t yet, as you are mentioning the possibility of them only coming once retired, is what their medical expenses are likely to be. With no contributions to social security they (or you) are going to need to be able to fund premiums and out-of-pocket costs. You may have already looked into this but I mention it because there have been a number of posts on VJ by people who sponsor their parents and then are shocked when they arrive to find out how much healthcare costs for the elderly are.

[SusieQQQ 11,584]

2 hours ago, WeGuyGal said:

'After all, trump's own inlaws seem to be chain migration beneficiaries. 

 

 

He’s also employed illegal immigrants on his construction sites. Since when did the same rules apply to him as to the rest of us? 

Edited March 15, 2018 by SusieQQQ

[Calikitkat 16]

On 3/15/2018 at 1:18 PM, WeGuyGal said:

Once a USC, you may begin by petitioning your parents. At first, file the i130, and when approved, follow the NVC process leading to an interview at the US embassy. The process takes about 1 year. They get an IR5 visa in their passport after the interview, and would be asked to pay the green card fee. When they enter the US on that visa, CBP endorses that visa which will serve as their temporary green card. They will then get their physical Permanent Resident card in the mail. Therefore, no adjustment of status is needed. 

 

Remember, the green card is called a permanent resident card. They must live in the US permanently, and file US taxes. If your mom is not ready to move to the US, you can wait to petition her a year before she is ready. 

 

So, in summary, Consular Process overseas, and they must live in the US permanently. 

 

On 3/15/2018 at 1:31 PM, Sunnyland said:

Once you become a USC I would be filing asap since everything is taking 1 year or more. Keep in mind that Trump administration will try to end chain immigration and that includes sponsoring for parents. Do you know when is your interview/exam for N400? 

 

On 3/15/2018 at 1:54 PM, jkstark said:

Further, they cannot enter on a visitor visa and adjust status, afaik.

 

21 hours ago, SusieQQQ said:

agree that it’s best not to do it until they are actually ready (or a year or so from being ready) to move. She will not be able to fulfil the residency requirements of a green card if she is living and working elsewhere. 

 

one thing you might want to look into if you haven’t yet, as you are mentioning the possibility of them only coming once retired, is what their medical expenses are likely to be. With no contributions to social security they (or you) are going to need to be able to fund premiums and out-of-pocket costs. You may have already looked into this but I mention it because there have been a number of posts on VJ by people who sponsor their parents and then are shocked when they arrive to find out how much healthcare costs for the elderly are.

 

Thanks a lot for the replies, guys. I do not have my naturalization interview scheduled yet. But the website says I will have it by August this year. I am happy that if they file the I-130 they do not have to do the Adjustment of Status as well once they get here. I think I will postpone the application for them until my mom decides to retire though. Hopefully, Trump won't get his way of ending chain immigration. Seems pretty ruthless to me to not allow people to be with their families once they settle in a new country. 

 

I have not researched medical costs. We are generally a very healthy family, grandparents and great grandparents have lived close to 100 years old without needing any serious medical attention. So I am hoping it won't be the case but you never know. How does it work with the social security though? Are they entitled to social security as permanent residents? Or if they gain citizenship after 5 years?

[Calikitkat 16]

Hi guys,

 

Please see the link below. It says permanent resident can leave and re-enter multiple times but cannot stay outside of the US for more than one year. Is it one year at a time? Or one year in total for the duration of their green card? My mom does get lots of paid time off, over 2 months per year. So if she were to only be gone less than 8 months every year but re-enter before the one year mark every time, would that work?

 

https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return

[Calikitkat 16]

Hi,

I understand that a US permanent resident cannot leave the US for more than one year. Is that one year at a time? Or one year in total? For example, if in the future, I were to obtain permanent residency for a family member who is currently employed abroad, could they maintain their US permanent residency if they spent only 2 months a year in the US? Would they still be eligible for citizenship after 5 years from issue date of the green card, even though they only spent 2 months out of each of those 5 years in the US? Thank you kindly. 

[WeGuyGal 1,052]

7 minutes ago, Calikitkat said:

Hi guys,

 

Please see the link below. It says permanent resident can leave and re-enter multiple times but cannot stay outside of the US for more than one year. Is it one year at a time? Or one year in total for the duration of their green card? My mom does get lots of paid time off, over 2 months per year. So if she were to only be gone less than 8 months every year but re-enter before the one year mark every time, would that work?

 

https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return

What the link says and your mom's situation are different. If your mom would be working and living overseas, the green card is not for her. Better off not playing games with CBP.  Again, green card = permanent resident. Emphasis on permanent. 

[Illiria 980]

11 minutes ago, Calikitkat said:

Hi guys,

 

Please see the link below. It says permanent resident can leave and re-enter multiple times but cannot stay outside of the US for more than one year. Is it one year at a time? Or one year in total for the duration of their green card? My mom does get lots of paid time off, over 2 months per year. So if she were to only be gone less than 8 months every year but re-enter before the one year mark every time, would that work?

 

https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return

Working overseas can be classed as them giving up the green card so even if she has lots of vacation to come back and visit that isnt what the green card is for.

[Illiria 980]

No, as they will see that there is a pattern of not living in the US which is what the green card is for, employment overseas also can be used as evidence of not maintaining the green card. Citizenship requires a number of years of residence plus being present in the us  for more than a certain number of days within those years and absences under a certain amount to maintain continuous presence.

[Ben&Zian 4,397]

While in theory you could do that, over time the chances of them being denied re-entry into the US get's higher since it's obvious they aren't really living in the US.

 

Citizens are only ones guaranteed entry into the country.

 

After 5 years? Not with that plan. They do ask how long you have spent out of country over your time in the US. Think they will give citizenship to someone who spent a total of 10 months over 5 years get citizenship?

 

Honestly wouldn't waste the time, money, or hassle of even getting them residency in the US if they don't want to live here.

[Alabamak1 688]

Naturalization Eligibility Requirements

Before an individual applies for naturalization, he or she must meet a few requirements. Depending on the individual’s situation, there are different requirements that may apply. General requirements for naturalization are below.

• Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.

• Be a permanent resident (have a “Green Card”) for at least 5 years.

• Show that you have lived for at least 3 months in the state or USCIS district where you apply. 

• Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400. 

• Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400. 

• Be able to read, write, and speak basic English. 

• Have a basic understanding of U.S. history and government (civics). 

• Be a person of good moral character. 

• Demonstrate an attachment to the principles and ideals of the U.S. Constitution.