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makedreamy

complicated case for experienced people

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Hello,

I am born in the US but my mother is not a US citizen, she is visiting US now and is living with me now but she is planning on going back home in a month.

She want to apply for the green card but we do not know if we should apply from US while she is here to do the adjustment of status or it is better to do it from home(Syria) since she will be leaving US in a month.

If she applies from here and then leave US a month after applying what can happen.

Please advise.

Thanks a lot for all of your help.

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How long is her trip?


The journey of a thousand miles begins with one step.

Wife's journey.
Day 01 - 07/25/2012 - Mailed AOS package (I-130,I-131, I-485,I-765) via UPS Next Day Air.
Day 02 - 07/26/2012 - Package delivered by UPS.
Day 10 - 08/03/2012 - Got 4 emails confirm AOS package had been received. Checks cashed.
Day 13 - 08/06/2012 - Receipt Numbers are track-able on USCIS website.
Day 18 - 08/11/2012 - Biometrics Notice received (Dated: 8/8, Appointment: 8/29)
Day 20 - 08/13/2012 - Walk-in biometrics done.
Day 24 - 08/17/2012 - Received 4 NOA letters.
Day 27 - 08/20/2012 - 2nd Biometrics Notice received. Same day walk-in biometrics done.
Day 41 - 09/03/2012 - Email and txt notification of interview.
Day 43 - 09/05/2012 - Interview Notice in the mail. This is GREAT!
Day 63 - 09/25/2012 - EAD txt notification. I-765 online status updated.
Day 69 - 10/01/2012 - EAD Mailed.
Day 71 - 10/03/2012 - Interview. I-130 approved. I-485 will be approved after police clearance received. / EAD received. Wrong name. Wrong country of birth.
... waiting for Police Reports from Vietnam and current city's police dept.
11/01/2012 - RFE Police reports sent.
11/06/2012 - I-485 Approved. Card production email received.
11/09/2012 - Email notification. Card picked up by USPS.
11/15/2012 - GC received. Correct name. Still wrong country of birth.

Remove condition:

10/22/2014 - I-751 notice receipt received.

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So she's already here and she came not planning to stay? No fraud issue then, so she can adjust status - as long as she doesn't need to return for 3 months or so as once she files she can't leave until she gets AP.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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She is planning to stay here till october 22nd.

So you think if she applies from here she can not leave till she gets the approval.

What about applying from home??? and what about applying from here and once she gets the approval and they call her for interview she can come back here??

Thanks a lot for your fast response

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If she applies for adjustment of status within the US and then departure while it's pending, it will be denied unless she has AP(advanced parole) in hand at the time of her departure. Her AOS will be considered abandoned if she just leaves.

If you petition for her(without the I485) then you can petition now, she can return home and she will have interview in home country. This process takes a little longer(look at processing times on USCIS's webpage) than ajdusting within the US.

How old is your mom/does she have any medical issues?


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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the American embassy in Syria is closed, let your mother sit her one more month and she will get her AP


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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How to petition for her, please see this link; http://www.visajourney.com/content/immigration-parents

Sometimes, the alien parent's medical condition is taken into account because of the potential costs of medical care in the US. Since you're her sponsor, you might have to prove that you financially can support her medical issues(already having medical insurance) besides the affidavit of support. I haven't personally gone through this stage so might be a good idea to wait up until someone with first hand knowledge comes along.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Your mom will not be able to leave on Oct. 22, if you apply for AoS now.

Her medical condition may become a serious problem. As you may know, at this point in time she would not be able to get health insurance with a heart problem. One heart attack costs $100,000 these days, so that's money you'll need to have to pay for this. More formal, in case where an intending immigrant may become a public charge, whether due to age or health, the Affidavit of Support becomes secondary in nature.

I can't suggest what to do, especially given the political situation in Syria right now, but you'll have to think long and heart on how to proceed from here.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Yeah, Brother about summed it up. Take a good look at all angles and decide what is best for you. We can't tell you what is best for your family, all we can give you is some things you need to consider.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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