Green Card Options for UK Parent

[kim1220 0]

Hi all! Thanks in advance for reading. I'm a USC and my husband, a UKC, is here on a green card. We've lived in Arkansas since September 2008. DH will be applying for US citizenship next month and, upon approval for that, he wants to start the process of bringing his mother over from England. She has visited us about once each year since we moved to the US and she is positive that she wants to live in Arkansas.

Anywho, I've done a bit of research and I've seen two options for her application: 1) to send the petition while she is in the United Kingdom and 2) to send the petition along with an I-485 while she is in the United States. I'm hoping you all can clarify the details of these paths.

For instance, if she is visiting us at the time that my husband sends the I-130, could he also just include the I-485 and all associated fees at the same time, allowing his mother to remain here until the petition is processed? --Or is this only an option for UK citizens who are already in the US on another long-term visa, like a work permit or student visa?

If my husband CAN send the I-485 at the same time as the I-130, would his mom be able to go to the UK to tie up any loose ends and then return, say a month later, to Arkansas to await the decision of her petition and AOS?

Thanks for any input you all have. --I'm just trying to get my head around everything so that we can determine the speediest route to getting my MIL over here. She's been so lonely in the UK since DH and I moved here and she wants to be near her son and grandchildren.


--Kim

[aaron2020 11,651]

It is illegal to enter the US on a non-immigrant visa or the VWP with the intent to immigrate to the US by adjusting status.

Since your husband is applying for US citizenship next month, it will take at least 4-5 months before he is a US citizen.

If mom is outside the US right now, then your husband must file the I-130 and do the processing in the UK. It will take 6-12 months. Mom can still come to visit while she waits in the UK for her immigration visa. This is the best option.

If mom is inside the US and remains here until your husband files the I-130 and I-485, then its okay because she didn't have the intent to immigrate when she first entered the US.

If mom is outside the US right now, then entering on the VWP with the intent to immigrate by adjusting status is immigration fraud. This can lead to a lifetime ban or deportation without the ability to appeal.