apply for green card for mom by 10/15, worthy the effort?

[hicubun 0]

Hi,

 

since Trump's new immigration rule (public charge) take effect 10/15. my goal is to see if there is a way I can beat this date.

 

I had green card for many years. my interview for citizenship is next week. not sure when I will become citizen. hopefully by 10/15. And I'd like to apply for green card for my mom immediate after. 

Mom visited me since July 1. To prepare some documentation (birth certificate etc), she must go back to home country. here are two options I am considering. Not sure if there were 3rd one. 

 

option 1) she travel back to home country this week. got all necessary documentation, and travel back to US. I file green card application for her. hopefully postmark the letter before 10/15. 
 

The challenge: my understanding is that there are two undocumented best practice:
a) if mom visited US for 3 months then go back to home country, it's better to wait for 3 months before re-visit US

b)once get back to US, it's better to wait for 2-3 month then apply for green card. 
are these valid?

 

Option 2) I file for green card application for here with missing document (such as birth certificate). My hope is that if postmark of my mom's application is before 10/15, then new rule does not apply. Is that true?
Mom still need to travel back to home country (either before or after 10/15) to obtain necessary document, then I mail it to the UCISC. 

The challenge of this option:
1) once mom leave US, it's unlikely she can re-entry before her application is approved. 
2) UCISC might deny the application outright due to miss obvious document

 

whether I will become citizen or not before 10/15 is questionable.

 

What should I do? I almost feel I should just prepare all the necessary document, take whatever time it require. And don't try to "postmark before 10/15. 

[payxibka 10,044]

13 minutes ago, hicubun said:

Hi,

 

since Trump's new immigration rule (public charge) take effect 10/15. my goal is to see if there is a way I can beat this date.

 

I had green card for many years. my interview for citizenship is next week. not sure when I will become citizen. hopefully by 10/15. And I'd like to apply for green card for my mom immediate after. 

Mom visited me since July 1. To prepare some documentation (birth certificate etc), she must go back to home country. here are two options I am considering. Not sure if there were 3rd one. 

 

option 1) she travel back to home country this week. got all necessary documentation, and travel back to US. I file green card application for her. hopefully postmark the letter before 10/15. 
 

The challenge: my understanding is that there are two undocumented best practice:
a) if mom visited US for 3 months then go back to home country, it's better to wait for 3 months before re-visit US

b)once get back to US, it's better to wait for 2-3 month then apply for green card. 
are these valid?

 

Option 2) I file for green card application for here with missing document (such as birth certificate). My hope is that if postmark of my mom's application is before 10/15, then new rule does not apply. Is that true?
Mom still need to travel back to home country (either before or after 10/15) to obtain necessary document, then I mail it to the UCISC. 

The challenge of this option:
1) once mom leave US, it's unlikely she can re-entry before her application is approved. 
2) UCISC might deny the application outright due to miss obvious document

 

whether I will become citizen or not before 10/15 is questionable.

 

What should I do? I almost feel I should just prepare all the necessary document, take whatever time it require. And don't try to "postmark before 10/15. 

She cannot use a nonimmigrant entry with the express purpose of immigrating.  Your plan 1 is exactly that 

[Just Paul 4,591]

4 minutes ago, hicubun said:

Hi,

 

since Trump's new immigration rule (public charge) take effect 10/15. my goal is to see if there is a way I can beat this date.

 

I had green card for many years. my interview for citizenship is next week. not sure when I will become citizen. hopefully by 10/15. And I'd like to apply for green card for my mom immediate after. 

Mom visited me since July 1. To prepare some documentation (birth certificate etc), she must go back to home country. here are two options I am considering. Not sure if there were 3rd one. 

 

option 1) she travel back to home country this week. got all necessary documentation, and travel back to US. I file green card application for her. hopefully postmark the letter before 10/15. 
 

The challenge: my understanding is that there are two undocumented best practice:
a) if mom visited US for 3 months then go back to home country, it's better to wait for 3 months before re-visit US

b)once get back to US, it's better to wait for 2-3 month then apply for green card. 
are these valid?

 

Option 2) I file for green card application for here with missing document (such as birth certificate). My hope is that if postmark of my mom's application is before 10/15, then new rule does not apply. Is that true?
Mom still need to travel back to home country (either before or after 10/15) to obtain necessary document, then I mail it to the UCISC. 

The challenge of this option:
1) once mom leave US, it's unlikely she can re-entry before her application is approved. 
2) UCISC might deny the application outright due to miss obvious document

 

whether I will become citizen or not before 10/15 is questionable.

 

What should I do? I almost feel I should just prepare all the necessary document, take whatever time it require. And don't try to "postmark before 10/15. 

Sounds like your mother might already be visiting a lot. Obviously entering to  time to AOS is VISA fraud.

 

You can file for your mom once you become a citizen and if she is in the country she could AOS.  She will be unable to work or travel for 3 to 9 months.  Unfortunately the downside of AOS'ing after 0/15 is the I-944 filing.  If she does consular processing that is not an issue.   

 

Public charge is going to be a possibility even in today's processing. Parents tend to be old.  Do you have a plan to handle insurance and long term care? 

 

Do you want to risk her entry to AOS and then have it denied due to fraud and never seeing her again in the US?

 

 

[Pinkrlion 2,607]

You can be denied for a green card for public charge now. 10/15 date is not going to make a difference. 

[Highmystic 234]

1 hour ago, Pinkrlion said:

You can be denied for a green card for public charge now. 10/15 date is not going to make a difference. 

The 10/15 date, isn't that for bumping up and money from 125% to 250% over the State's poverty level?  All this will do is to make it more difficult for the OP to convince the IO that the mother will never be a public charge.  At least until after the 5 year rule I guess.

[hicubun 0]

1 hour ago, Paul & Mary said:

Sounds like your mother might already be visiting a lot. Obviously entering to  time to AOS is VISA fraud.

 

You can file for your mom once you become a citizen and if she is in the country she could AOS.  She will be unable to work or travel for 3 to 9 months.  Unfortunately the downside of AOS'ing after 0/15 is the I-944 filing.  If she does consular processing that is not an issue.   

 

Public charge is going to be a possibility even in today's processing. Parents tend to be old.  Do you have a plan to handle insurance and long term care? 

 

Do you want to risk her entry to AOS and then have it denied due to fraud and never seeing her again in the US?

 

 

Hi Paul & Mary, 

Thank you for your reply.  if it's not the 10/15 public charge news, I never think about filing green card for her. The news coverage make me thinking after 10/15, the chance for her to get green card is getting slim. 

She visited US twice in last 8 years, purchased private insurance. never use any kind of aid/benefit.

Now I re-think option 1(go back to home country to get document, then travel back) will be seen as visa fraud, as you suggest.

How about option 2? Will it be seen as less fraud from USCIS perspective? I file green card for my mom while she stay in US,  but the filing will  miss supporting document (such as birth certificate). will missing support document  problematic considered she can't travel for 3-9 months. it's a chicken-egg thing: she need to travel back to home country to obtain the birth certificate. 

 

Thank you for mentioning I-944, I have no idea where/how to obtain credit report for her. There is no such thing from my home country:
 

12 months of documentation pertaining to “cash assets” such as deposit accounts;
Documentation of non-cash assets, such as real estate, that may be converted to cash within 12 months;
Prior applications for public benefits;
Documentation of approval for public benefits;
Credit report; and
Documentation of private healthcare

 

Thank you again!

 

[hicubun 0]

59 minutes ago, Highmystic said:

The 10/15 date, isn't that for bumping up and money from 125% to 250% over the State's poverty level?  All this will do is to make it more difficult for the OP to convince the IO that the mother will never be a public charge.  At least until after the 5 year rule I guess.

I thought the change after 10/15 is from 100% to 125%.

What is 5 year rule?

[hicubun 0]

2 hours ago, payxibka said:

She cannot use a nonimmigrant entry with the express purpose of immigrating.  Your plan 1 is exactly that 

Thank you. Now I re-think option 1(go back to home country to get document, then travel back) will be seen as visa fraud, as you suggest.

will option 2 (missing document) cause problem too?

[Just Paul 4,591]

25 minutes ago, hicubun said:

I have no idea where/how to obtain credit report for her. There is no such thing from my home country

You file based on the information that you can get.   If there is no credit report then there is no credit report.

[SusieQQQ 11,584]

You’re too close to the edge here on a number of fronts.

you may or may not be a citizen by then.

you are thinking of misusing tourist status and that has risks.

you are thinking of sending an incomplete package in an era where they have specifically said they don’t want placeholder applications and are rejecting rather than sending RFEs in many cases.

the best path to me seems the one you should be taking anyway: let mom go back home when her visit is up. File I-130 for her when you become a citizen. Let her do ir5 visa. The other posters are right, rule change or no, if you are borderline as your posts seem to suggest you’d probably be denied anyway. Been happening already, reports both in the newspapers and on VJ. 

[payxibka 10,044]

9 hours ago, hicubun said:

Thank you. Now I re-think option 1(go back to home country to get document, then travel back) will be seen as visa fraud, as you suggest.

will option 2 (missing document) cause problem too?

If you file for her adjustment of status after you naturalize and she subsequently leaves the USA before receiving advance parole,  then her application for adjustment is abandoned and you will have to start over 

[hicubun 0]

6 hours ago, SusieQQQ said:

You’re too close to the edge here on a number of fronts.

you may or may not be a citizen by then.

you are thinking of misusing tourist status and that has risks.

you are thinking of sending an incomplete package in an era where they have specifically said they don’t want placeholder applications and are rejecting rather than sending RFEs in many cases.

the best path to me seems the one you should be taking anyway: let mom go back home when her visit is up. File I-130 for her when you become a citizen. Let her do ir5 visa. The other posters are right, rule change or no, if you are borderline as your posts seem to suggest you’d probably be denied anyway. Been happening already, reports both in the newspapers and on VJ. 

Thank you SusieQQQ. I really appreciate your insight. It help me a lot

[Highmystic 234]

9 hours ago, hicubun said:

I thought the change after 10/15 is from 100% to 125%.

What is 5 year rule?

Poverty at 100 percent for one person.  With an additional person, such as a fiance or other, they want you to have 125 percent so you can support the immigrant.  They are raising it to 250 percent for a better guarantee that the immigrant will not become a public charge.  The 5 year rule is once a GC is in hand, it is 5 years before they can apply for Citizenship. (3 for a fiance).   After they become a citizen, I guess they can become a public charge.  But if that was 'the plan".. then that could be viewed as immigration fraud.

[geowrian 22,335]

5 hours ago, Highmystic said:

Poverty at 100 percent for one person.  With an additional person, such as a fiance or other, they want you to have 125 percent so you can support the immigrant.  They are raising it to 250 percent for a better guarantee that the immigrant will not become a public charge.

There is never a household size of 1 so there is no income for that level. It's always at least the sponsor + person being sponsored.

 

There is no increase to 250% (as you noted). The 250% level is just considered a "heavily weighted positive factor" in the public charge consideration....presumably to help counteract any heavily weighted negative factors such as past use of public benefits and such.