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vanessa242

US citizen petitioning for parent to go to US

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Hi, can a US born citizen , who has not been in the US since around 2001,( and has moved back to Brazil) petition for her mother to go to the US?? Mother was formerly married in the US to US citizen (her father), had permanent residency, then abandoned residency and divorced husband due to abuse (documented abuse/arrest )  Also will have affidavit of support from long term friend, a US citizen residing in Florida. Planning to live with friend as well. Complicated situation, I know, but am desperate for any advice. This Florida resident is my father, and his long time friend is in Brazil with her daughter. I am trying to help them out with information. Any thoughts? 
 

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The US  Citizen would need to move to the US, this a family reunification visa.

 

Sounds like she might be older and needs to consider Healthcare.

 

 


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1 minute ago, vanessa242 said:

Hi, can a US born citizen , who has not been in the US since around 2001,( and has moved back to Brazil) petition for her mother to go to the US?? Mother was formerly married in the US to US citizen (her father), had permanent residency, then abandoned residency and divorced husband due to abuse (documented abuse/arrest )  Also will have affidavit of support from long term friend, a US citizen residing in Florida. Planning to live with friend as well. Complicated situation, I know, but am desperate for any advice. This Florida resident is my father, and his long time friend is in Brazil with her daughter. I am trying to help them out with information. Any thoughts? 
 

I believe the petitioner must have domicile in the US.


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Posted (edited)
26 minutes ago, vanessa242 said:

Hi, can a US born citizen , who has not been in the US since around 2001,( and has moved back to Brazil) petition for her mother to go to the US?? Mother was formerly married in the US to US citizen (her father), had permanent residency, then abandoned residency and divorced husband due to abuse (documented abuse/arrest )  Also will have affidavit of support from long term friend, a US citizen residing in Florida. Planning to live with friend as well. Complicated situation, I know, but am desperate for any advice. This Florida resident is my father, and his long time friend is in Brazil with her daughter. I am trying to help them out with information. Any thoughts? 
 

Short answer no, the petitioner must be residing in the US or show intent to re-establish domicile in the US.

 

If your father marries her - then he can sponsor her as a spouse (if my reading between the lines is accurate).

Edited by SusieQQQ

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2 hours ago, vanessa242 said:

Hi, can a US born citizen , who has not been in the US since around 2001,( and has moved back to Brazil) petition for her mother to go to the US?? Mother was formerly married in the US to US citizen (her father), had permanent residency, then abandoned residency and divorced husband due to abuse (documented abuse/arrest )  Also will have affidavit of support from long term friend, a US citizen residing in Florida. Planning to live with friend as well. Complicated situation, I know, but am desperate for any advice. This Florida resident is my father, and his long time friend is in Brazil with her daughter. I am trying to help them out with information. Any thoughts? 
 

I got dizzy just trying to figure this out.. but for you to petition mother, both you and her have to live (or have documented intent to live) in the US. This is called family unification, and that's what family-based US immigration is all about. If you're not gonna live in the US, you can't petition the mother. 


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You can't gift a family visa.   You will need to domicile in the US, file your taxes and provide support for your mother.   Any joint sponsors will also have to live in the US.


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Hi,  thanks everyone..  that's what I figured... Two lawyers both told them this could be done.  I thought they should do more research.  The daughter is in college,  but unsure if she plans to actually reside here or not.  

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It can be done, there are just certain requirements, so agree with the Lawyers.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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