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Eusimama

Apply for green card while visiting

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Hi! We bought a plane ticket for my mom and expect her to come visit us while on a tutors visa. Eventually we want her to become a resident here in USA. Is it easier to ally for her green card while she is here in a Turist visa? She is married tommy father and they have a small business in my home country. My father is not coming with her this time. When he gets here later in the year we want to apply for his green card. Is it going to be a problem obtaining their green card if they still work I 

my home country? And is it a problem to apply for their cards at diffent times? They will spend a lot of time here with us but they will still go back to my county since my brother still lives  there with his family and my parents don’t want to close their business but they have employees. Thanks 

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They cannot enter on a tourist visa with the intention of adjusting status in the US. You (assume you’re a US citizen) can apply to sponsor them and it’ll take 12-14 months for them to enter but they will enter as permanent residents. That’s the appropriate way of doing it.

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1 hour ago, Eusimama said:

Is it easier to ally for her green card while she is here in a Turist visa?

Entering the US on a tourist visa (which I assume you meant) with the intention to adjust status (convert to green card) is visa fraud. So, that's not really an option.

 

They can visit on the tourist visa just fine, then once they leave you can file to sponsor them.


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2 hours ago, Eusimama said:

We bought a plane ticket

Does she already have her visa?   If so she can come for a visit.  Nothing more.


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They must intend to make the US their country of residence.  Working in another country can indicate that they are not doing so.  It appears that you are applying for their green card before they are ready to make the move. They should visit on their B1 visas and you apply for their GCs when they retire from their business.

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9 hours ago, Eusimama said:

Hi! We bought a plane ticket for my mom and expect her to come visit us while on a tutors visa. Eventually we want her to become a resident here in USA. Is it easier to ally for her green card while she is here in a Turist visa? She is married tommy father and they have a small business in my home country. My father is not coming with her this time. When he gets here later in the year we want to apply for his green card. Is it going to be a problem obtaining their green card if they still work I 

my home country? And is it a problem to apply for their cards at diffent times? They will spend a lot of time here with us but they will still go back to my county since my brother still lives  there with his family and my parents don’t want to close their business but they have employees. Thanks 

If you're a US citizen, you can apply any time, but they cannot enter the US to adjust status. They can visit on a tourist visa, then return to their home country to await green card processing.

 

Yes, it is going to be a problem obtaining their green card if they still work in your home country.  They should be sponsored when they are ready to move to the US permanently. Green Card = Permanent Resident Card


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Posted (edited)

To add to the above discussion- if they have green cards they need to declare worldwide income to the IRS every year (whether or not it is actually taxable in the US will depend on what they earn and any tax treaty), which is clearly significant for them if they are still running a business elsewhere. 

 

Also

Apart from the fact that you are not supposed to enter on a tourist visa and adjust, if you manage to do this with your mom first then (1) she is basically stuck in the US for around 6 months unable to work or to leave the US without abandoning the AOS, until her EAD/AP card arrives - is this really in her game plan? (2) having seen what your mom did, your dad probably won’t be allowed in on a tourist visa because they will expect he will do the same (from personal experience I can tell you they join the dots on much more extended family connections that the husband-wife-child one you guys have!) So apart from being the right way to do it, applying & have them do consular processing is also the logical way to do it in the family circumstances you described.

But I agree with others that it sounds like your parents are not actually ready to meet the obligations of a green card holder yet.

Edited by SusieQQQ

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