I-130 For my Mother from England

[booboowright 0]

My Mother held a greed card back in 1974. She also has a SSN number. However, she's been living in England for the past 15 years and she was married over there. She is divorced now but she wants to come back to the states to live.

Any advice? Where do I start?

She is here visiting and I made an appt for this Thursday at the Field Office for us to turn in Petition 1-130 how long will this process take until she can apply for jobs and find some work?

I don't have a clue what I am doing and everything I read continues to tell me to fill out more sheets??

[TayRivers 4]

My Mother held a greed card back in 1974. She also has a SSN number. However, she's been living in England for the past 15 years and she was married over there. She is divorced now but she wants to come back to the states to live.

Any advice? Where do I start?

She is here visiting and I made an appt for this Thursday at the Field Office for us to turn in Petition 1-130 how long will this process take until she can apply for jobs and find some work?

I don't have a clue what I am doing and everything I read continues to tell me to fill out more sheets??

The local field office will not take your I-130 for your mother you will need to mail it to the Chicago Lockbox address for your state. You can find the correct address on the instruction page for the I-130, once the I-130 has been approved she will be called for interview at the US embassy in London the visa she will get will be a IR5 visa and once she enters the US using her IR5 visa she will be issued a Greencard .

If she is planning on remaining in the USA then you will need to file I-130 and I-485 and apply for EAD and AP these forms are all filed together along with her medical report which has to be done by a Civil Surgeon. If she came to the USA on a VWP she will not be able to leave the USA and return until she has her greencard, she will need to be able to prove that she did not have intent to remain in the US when she last entered. Depending on your local office where her interview would be held it could take anything from 6 months to over a year for her to get her greencard. She would be able to work once her EAD has been approved and that can take 90+ days.

I am afraid it is not quite as simple as just going to you local USCIS office and handing in a form.

Edited December 9, 2008 by TayRivers

[aaron2020 11,652]

My Mother held a greed card back in 1974. She also has a SSN number. However, she's been living in England for the past 15 years and she was married over there. She is divorced now but she wants to come back to the states to live.

Any advice? Where do I start?

She is here visiting and I made an appt for this Thursday at the Field Office for us to turn in Petition 1-130 how long will this process take until she can apply for jobs and find some work?

I don't have a clue what I am doing and everything I read continues to tell me to fill out more sheets??

You haven't supplied us with enough information. I will presume that your mom abandoned her green card during the last 15 years by not meeting the ongoing presence requirement. I will also presume that you are a US citizen who wish to petition for her because as a Legal Permanent Resident (LPR), you cannot petition for your mom. Furthermore, I will presume that your mom entered the US as a visitor under the visa waiver program.

You will have to file a I-130. Your mom will have to return to England to interview and wait for a visa. She cannot remain in the US and attempt to adjust here. Imagine everyone's parent doing this to circumvent waiting for a visa. It's a big no no. The process will take 6-18 months. She cannot live and work in the US until she receives an immigration visa.

The visa waiver program is for non-immigration purposes only. If your mom intends to stay, i.e, look for work, rent a house, etc., then she is violating US immigration laws. This will jeopardize her I-130 application.

Do it right. Don't try any creative plan to let her stay and adjust her status from visitor to immigrant while in the US. This is asking for some serious trouble.

Good luck.

[TayRivers 4]

My Mother held a greed card back in 1974. She also has a SSN number. However, she's been living in England for the past 15 years and she was married over there. She is divorced now but she wants to come back to the states to live.

Any advice? Where do I start?

She is here visiting and I made an appt for this Thursday at the Field Office for us to turn in Petition 1-130 how long will this process take until she can apply for jobs and find some work?

I don't have a clue what I am doing and everything I read continues to tell me to fill out more sheets??

You haven't supplied us with enough information. I will presume that your mom abandoned her green card during the last 15 years by not meeting the ongoing presence requirement. I will also presume that you are a US citizen who wish to petition for her because as a Legal Permanent Resident (LPR), you cannot petition for your mom. Furthermore, I will presume that your mom entered the US as a visitor under the visa waiver program.

You will have to file a I-130. Your mom will have to return to England to interview and wait for a visa. She cannot remain in the US and attempt to adjust here. Imagine everyone's parent doing this to circumvent waiting for a visa. It's a big no no. The process will take 6-18 months. She cannot live and work in the US until she receives an immigration visa.

The visa waiver program is for non-immigration purposes only. If your mom intends to stay, i.e, look for work, rent a house, etc., then she is violating US immigration laws. This will jeopardize her I-130 application.

Do it right. Don't try any creative plan to let her stay and adjust her status from visitor to immigrant while in the US. This is asking for some serious trouble.

Good luck.

The information in red is wrong.

As an immidiate relative of a USC she can file for AOS after entry to the USA on a VWP as long as she did not use the VWP to get around the immigration laws. So as long as she did not have intent to remain and file for AOS when she entered then she can file for AOS. She may be asked to provide evidence that she did intend to return to the UK and this can be done with things like Mortgage statement showing she still owns a house in the UK or a rent card showing she was still paying rent on her residence, letter from an employer stating that she was expected to return, bank accounts, credit cards, Doctors registration cards. This is a legal route that is open to anyone who is an immidiate relative and enters with no intent to remain and then changes their mind after entry and wishes to remain and file for AOS.

If on the other hand she sold up everything and brought all her stuff with her then that would show intent to remain and doing AOS from VWP would not be a good route for her to take.

[aaron2020 11,652]

My Mother held a greed card back in 1974. She also has a SSN number. However, she's been living in England for the past 15 years and she was married over there. She is divorced now but she wants to come back to the states to live.

Any advice? Where do I start?

She is here visiting and I made an appt for this Thursday at the Field Office for us to turn in Petition 1-130 how long will this process take until she can apply for jobs and find some work?

I don't have a clue what I am doing and everything I read continues to tell me to fill out more sheets??

You haven't supplied us with enough information. I will presume that your mom abandoned her green card during the last 15 years by not meeting the ongoing presence requirement. I will also presume that you are a US citizen who wish to petition for her because as a Legal Permanent Resident (LPR), you cannot petition for your mom. Furthermore, I will presume that your mom entered the US as a visitor under the visa waiver program.

You will have to file a I-130. Your mom will have to return to England to interview and wait for a visa. She cannot remain in the US and attempt to adjust here. Imagine everyone's parent doing this to circumvent waiting for a visa. It's a big no no. The process will take 6-18 months. She cannot live and work in the US until she receives an immigration visa.

The visa waiver program is for non-immigration purposes only. If your mom intends to stay, i.e, look for work, rent a house, etc., then she is violating US immigration laws. This will jeopardize her I-130 application.

Do it right. Don't try any creative plan to let her stay and adjust her status from visitor to immigrant while in the US. This is asking for some serious trouble.

Good luck.

The information in red is wrong.

As an immidiate relative of a USC she can file for AOS after entry to the USA on a VWP as long as she did not use the VWP to get around the immigration laws. So as long as she did not have intent to remain and file for AOS when she entered then she can file for AOS. She may be asked to provide evidence that she did intend to return to the UK and this can be done with things like Mortgage statement showing she still owns a house in the UK or a rent card showing she was still paying rent on her residence, letter from an employer stating that she was expected to return, bank accounts, credit cards, Doctors registration cards. This is a legal route that is open to anyone who is an immidiate relative and enters with no intent to remain and then changes their mind after entry and wishes to remain and file for AOS.

If on the other hand she sold up everything and brought all her stuff with her then that would show intent to remain and doing AOS from VWP would not be a good route for her to take.

TayRivers is correct. An immediate relative such as a spouse, minor children, and parent of a USC can adjust in the US while here under the visa waiver program. Proving non-immigration intent upon entry may be problematic. Also, under the waiver program, the visitor waives any right to contest deportation. I don't know how that interacts with the AOS for a immediate relative who is not a spouse. I would appreciate it if someone can clarify this for me. Thanks.

[TayRivers 4]

My Mother held a greed card back in 1974. She also has a SSN number. However, she's been living in England for the past 15 years and she was married over there. She is divorced now but she wants to come back to the states to live.

Any advice? Where do I start?

She is here visiting and I made an appt for this Thursday at the Field Office for us to turn in Petition 1-130 how long will this process take until she can apply for jobs and find some work?

I don't have a clue what I am doing and everything I read continues to tell me to fill out more sheets??

You haven't supplied us with enough information. I will presume that your mom abandoned her green card during the last 15 years by not meeting the ongoing presence requirement. I will also presume that you are a US citizen who wish to petition for her because as a Legal Permanent Resident (LPR), you cannot petition for your mom. Furthermore, I will presume that your mom entered the US as a visitor under the visa waiver program.

You will have to file a I-130. Your mom will have to return to England to interview and wait for a visa. She cannot remain in the US and attempt to adjust here. Imagine everyone's parent doing this to circumvent waiting for a visa. It's a big no no. The process will take 6-18 months. She cannot live and work in the US until she receives an immigration visa.

The visa waiver program is for non-immigration purposes only. If your mom intends to stay, i.e, look for work, rent a house, etc., then she is violating US immigration laws. This will jeopardize her I-130 application.

Do it right. Don't try any creative plan to let her stay and adjust her status from visitor to immigrant while in the US. This is asking for some serious trouble.

Good luck.

The information in red is wrong.

As an immidiate relative of a USC she can file for AOS after entry to the USA on a VWP as long as she did not use the VWP to get around the immigration laws. So as long as she did not have intent to remain and file for AOS when she entered then she can file for AOS. She may be asked to provide evidence that she did intend to return to the UK and this can be done with things like Mortgage statement showing she still owns a house in the UK or a rent card showing she was still paying rent on her residence, letter from an employer stating that she was expected to return, bank accounts, credit cards, Doctors registration cards. This is a legal route that is open to anyone who is an immidiate relative and enters with no intent to remain and then changes their mind after entry and wishes to remain and file for AOS.

If on the other hand she sold up everything and brought all her stuff with her then that would show intent to remain and doing AOS from VWP would not be a good route for her to take.

TayRivers is correct. An immediate relative such as a spouse, minor children, and parent of a USC can adjust in the US while here under the visa waiver program. Proving non-immigration intent upon entry may be problematic. Also, under the waiver program, the visitor waives any right to contest deportation. I don't know how that interacts with the AOS for a immediate relative who is not a spouse. I would appreciate it if someone can clarify this for me. Thanks.

If they were denied AOS from a VWP then they would have to leave the USA and return to their home country, If the I-130 has been approved then they can request it be returned to NVC for processing abroad. They may need a waiver to overcome any overstay if one is available or they would have to wait out any ban given.

Most cases I have read about have not been asked anything about their intentions at entry or asked for any proof but that does not mean that they wont.

[Gemma12nel 1]

Does anyone know whilst the visa is in process is the mother allowed to visit the USA? if the process takes 6-9 months they are allowed to come on a visit????

[TayRivers 4]

Does anyone know whilst the visa is in process is the mother allowed to visit the USA? if the process takes 6-9 months they are allowed to come on a visit????

Yes she can continue to use the VWP to visit, It would be a good idea for her to bring evidence of her links to UK and a copy of the NOA1 for the I-130. That will show the CBP officers that she is returning home to have her interview for the IR5 visa.