Mom Visa

[AmericanCitizen85 8]

Hi everyone,

 

My mom got approved for visa about month and half ago that I petitioned for her.

 

Something totally unexpected came up that was not planned for. The visa stamp in her passport is only for a few months and my mom can't come before then. 

 

Is there anything that she can do to extend the visa date or anything else, so we don't have to reapply for a visa again?

[selsiii 87]

24 minutes ago, AmericanCitizen85 said:

Hi everyone,

 

My mom got approved for visa about month and half ago that I petitioned for her.

 

Something totally unexpected came up that was not planned for. The visa stamp in her passport is only for a few months and my mom can't come before then. 

 

Is there anything that she can do to extend the visa date or anything else, so we don't have to reapply for a visa again?

When you said you pertitioned  for her is it for her to come as a permanent resident? If so I do not think there is anything you can do but your best option is to call the embassy. The visa is given according to the validity of the medical exam. It expires the day your medical exam expires normally six months from the day of the medical exam. Since her medical might also expire, the best option is to speak to someone at the embassy. 

[Unlockable 7,315]

How long does she need to remain in her country?

 

If it is long term like a year or more then she can come to the US to activate her permanent residency status then apply for a reentry permit. A reentry permit allows her to be out of the US for up to 2 years without a risk for her loosing her residency status.

[AmericanCitizen85 8]

2 hours ago, NuestraUnion said:

How long does she need to remain in her country?

 

If it is long term like a year or more then she can come to the US to activate her permanent residency status then apply for a reentry permit. A reentry permit allows her to be out of the US for up to 2 years without a risk for her loosing her residency status.

 

We are not sure how long she will stay before moving here. My mom found out someone went to court to try to claim the little land that my mom has. My mom is going to fight this case before she comes but it might take a while.  

[EmilyW 1,452]

Have her come to the US, activate her visa, gain a re-entry permit and then leave.  She will have two years to resolve whatever is going on.  

[AmericanCitizen85 8]

4 minutes ago, EmilyW said:

Have her come to the US, activate her visa, gain a re-entry permit and then leave.  She will have two years to resolve whatever is going on.  

How do you activate a visa and how long does that take?

 

I thought my mom's visa was already "active" when it got approved?

 

With a re-entry permit what is the process?

[geowrian 22,337]

10 minutes ago, AmericanCitizen85 said:

How do you activate a visa and how long does that take?

 

I thought my mom's visa was already "active" when it got approved?

 

With a re-entry permit what is the process?

"Activating" a visa means entering the US on it. That will make her a permanent resident immediately, with the physical green card arriving in the mail later.

 

File an I-131 from within the US. She will need to do the biometrics within the US, but the actual re-entry permit can be processed/delivered to a US embassy or consulate abroad.

 

Edit: Make sure she creates and then maintains ties to the US while she is abroad. Open a bank account, get a state ID or driver's license, file US taxes (even if nothing is owed), etc.

Edited June 13, 2018 by geowrian

[AmericanCitizen85 8]

Can she apply for the I-131 within her first week of arriving in the US? And how long will the process take to get the biometrics done?

 

Won't it take months from her arrival date to get the actual green card? Without that it will be difficult to open bank account, state id?

 

 

[EmilyW 1,452]

You can open a bank account without the Green Card.  I opened accounts at Bank of America without a GC or SSN.

 

[geowrian 22,337]

5 minutes ago, AmericanCitizen85 said:

Can she apply for the I-131 within her first week of arriving in the US? And how long will the process take to get the biometrics done?

 

Won't it take months from her arrival date to get the actual green card? Without that it will be difficult to open bank account, state id?

Yes. once they endorse the visa at POE, it acts as a green card for 1 year. She can use that + the passport bio page in lieu of the physical card for the I-131 evidence of being an LPR.

"If you have not yet received your Form I-551, a copy of the biographic pages of your passport and a copy of the visa page showing your initial admission as a lawful permanent resident, or other evidence that you are a lawful permanent resident; or"

NOTE: An I-551 is the green card.

 

I'm not sure on the timeline for the biometrics in her area, but normally it's within a few weeks.

 

As noted above, the endorsed visa acts as a green card. She can use that anywhere somebody asks for the physical card.

For a bank account, some banks may want to see an SSN. She can request one from the SSA shortly after arrival. I know the DS-260 asked about doing this for you, but that can take weeks or months. Applying in person is likely to get it within a couple weeks.

[AmericanCitizen85 8]

After my mom arrives here doesn't she have to do biometrics and an interview before getting her green card or am I confused?

[SusieQQQ 11,586]

47 minutes ago, AmericanCitizen85 said:

After my mom arrives here doesn't she have to do biometrics and an interview before getting her green card or am I confused?

She did these at the visa interview. She becomes a green card holder on entry. However if she wants a re-entry permit she needs to do biometrics again.

[arken 4,197]

If it’s only few months she needs to be there to settle the dispute, after she comes to US and gets GC (typically in a month or so), she can go just back and then return few months later.

 

if it’s gonna be a lot of months then yeah, reentry permit option is good.