Bringing Parents to Live in the United States as Permanent Residents

[replaysports 41]

I will soon be an American citizen and was wondering what the best path forward is for bringing my parents to the United States as GC holders.

 

My parents both live in Canada, so I know I can file the I-130 and wait for that approval.

 

But if they enter the United States and then are currently in the United States, I should be able/eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130.

 

What is the better path?

 

I would prefer that they remain in the United states while their applications process, but will that hurt their chances?

 

 

[SusieQQQ 11,586]

They cannot enter on a non immigrant visa/status with intent to adjust status, so the only path is to file i130 and wait for them to get visas. 

[Crazy Cat 41,978]

15 minutes ago, replaysports said:

I will soon be an American citizen and was wondering what the best path forward is for bringing my parents to the United States as GC holders.

 

My parents both live in Canada, so I know I can file the I-130 and wait for that approval.

 

But if they enter the United States and then are currently in the United States, I should be able/eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130.

 

What is the better path?

 

I would prefer that they remain in the United states while their applications process, but will that hurt their chances?

 

 

Based on your post, the I-485 is not an option for them.  File I-30s and wait........

[replaysports 41]

1 hour ago, SusieQQQ said:

They cannot enter on a non immigrant visa/status with intent to adjust status, so the only path is to file i130 and wait for them to get visas. 

Thx you for that info.

 

I do have a diff questions, my mom did have a green card many many years ago, and then she moved to Canada with my dad , so she let the GC expire... I am talking over 30-35 years ago.

 

Is there anyway for he to have that GC reinstated and/or activated again, or does the United States see that GC as abandoned and/or voided!?

 

[aaron2020 11,651]

5 minutes ago, replaysports said:

Thx you for that info.

 

I do have a diff questions, my mom did have a green card many many years ago, and then she moved to Canada with my dad , so she let the GC expire... I am talking over 30-35 years ago.

 

Is there anyway for he to have that GC reinstated and/or activated again, or does the United States see that GC as abandoned and/or voided!?

 

That green card was abandoned long ago.  No way to reinstate it or activate it again.

 

There is only one way forward.  File the I-130 and wait for consular processing in Canada.  

Edited November 17, 2020 by aaron2020

[mol4yn 5]

 

9 hours ago, replaysports said:

I will soon be an American citizen and was wondering what the best path forward is for bringing my parents to the United States as GC holders.

 

My parents both live in Canada, so I know I can file the I-130 and wait for that approval.

 

But if they enter the United States and then are currently in the United States, I should be able/eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130.

 

What is the better path?

 

I would prefer that they remain in the United states while their applications process, but will that hurt their chances?

 

 

Hey. I'm in the same shoes as you. Also wondering what is the fastest path. My mom has a B2 visa and I thought to bring her here and they apply for her.

 

8 hours ago, SusieQQQ said:

They cannot enter on a non immigrant visa/status with intent to adjust status, so the only path is to file i130 and wait for them to get visas. 

Could you please explain, why I can't submit I-130 and I-485 for my mom, if she would be here as a tourist?

[SusieQQQ 11,586]

40 minutes ago, mol4yn said:

 

Hey. I'm in the same shoes as you. Also wondering what is the fastest path. My mom has a B2 visa and I thought to bring her here and they apply for her.

 

Could you please explain, why I can't submit I-130 and I-485 for my mom, if she would be here as a tourist?

Because it is against immigration law to use a non immigrant visa for immigrant intent. Tell you what, have her explain to the CBP guy on the way in what she plans to do. He’ll either explain it nicely and send her back home, or just send her back home without being nice. And remember it’s also illegal to lie to CBP - fraudulent misrepresentation is a big problem.
 

 

Edited November 18, 2020 by SusieQQQ

[Demise 1,295]

10 hours ago, replaysports said:

Thx you for that info.

 

I do have a diff questions, my mom did have a green card many many years ago, and then she moved to Canada with my dad , so she let the GC expire... I am talking over 30-35 years ago.

 

Is there anyway for he to have that GC reinstated and/or activated again, or does the United States see that GC as abandoned and/or voided!?

 

Technically there is an SB1 returning resident visa, but that's mostly limited for cases where you overstayed your 1 or 2 year allotted absence from US a bit or due to no fault of your own (e.g. you had the flight back to US lined up and then a volcano exploded, or you were in a major accident and it was unsafe for you to travel). After 30-35 years, no way.

[HRQX 4,145]

4 hours ago, mol4yn said:

if she would be here as a tourist?

How would she get past CBP without materially misrepresenting herself? See INA 212(a)(7)(A)(i)(I). It means she would be determined to be inadmissible for being an intending immigrant without a visa that permits immigrant intent.

[Unlockable 7,315]

14 hours ago, replaysports said:

I would prefer that they remain in the United states while their applications process, but will that hurt their chances?

 

5 hours ago, mol4yn said:

Could you please explain, why I can't submit I-130 and I-485 for my mom, if she would be here as a tourist?

 

Not legal. You can pre-plan to use visitor benefits to immigrate to the US. If your parents were here already and something happened, like they got sick or something, and you decided for them to stay, that is different. But to plan ahead of time to use a visit to immigrate is clear fraud. Not only that, when you enter at the border you would literally have to tell them that you are visiting (which would be a lie) or admit to wanting to immigrate which would get them denied entry.

 

Also, be advised that once your parents are permanent residence in the US they will lose their provincial healthcare from Canada.

[aaron2020 11,651]

How old are your parents?  Have you looked into the logistics of health care?  Are they plan on working in the US for 10 years?

 

Your parents will not be eligible for Medicare in the US until they have 40 quarters of work credit.

 

As green card holders, they will lose your Canadian health care.  

[replaysports 41]

3 minutes ago, aaron2020 said:

How old are your parents?  Have you looked into the logistics of health care?  Are they plan on working in the US for 10 years?

 

Your parents will not be eligible for Medicare in the US until they have 40 quarters of work credit.

 

As green card holders, they will lose your Canadian health care.  

They are both retired. As for health care also long as they pay taxes in Canada, which they will due to pension and property they would be still allowed the Canadian health care, when they go back periodically to Canada. 

 

As for when they are in USA, I am able to put my parents as defendants under my health care coverage, as long as they will be listed as defendants in my tax filing which would be the case. 

 

[aaron2020 11,651]

16 minutes ago, replaysports said:

They are both retired. As for health care also long as they pay taxes in Canada, which they will due to pension and property they would be still allowed the Canadian health care, when they go back periodically to Canada. 

 

As for when they are in USA, I am able to put my parents as defendants under my health care coverage, as long as they will be listed as defendants in my tax filing which would be the case. 

 

You may want to check on that.  If your parents are not making Canada their primary home, then they are likely to lose their provincial health care benefits.

Highly unusual for a US health plan to allow adding parents as health care beneficiaries even if you claim them as tax dependents.  Furthermore, claiming them as US tax dependents would conflict with their claims of Canada as their primary residence for accessing provincial health care benefits.  

Be 100% sure of all of this before your parents end up in a situation without legal access to health care.

Perhaps being snow birds may be a better plan.  

[Crazy Cat 41,978]

1 hour ago, replaysports said:

As for health care also long as they pay taxes in Canada, which they will due to pension and property they would be still allowed the Canadian health care, when they go back periodically to Canada. 

That is not what has been reported by others.

[SusieQQQ 11,586]

1 hour ago, aaron2020 said:

You may want to check on that.  If your parents are not making Canada their primary home, then they are likely to lose their provincial health care benefits.

Highly unusual for a US health plan to allow adding parents as health care beneficiaries even if you claim them as tax dependents.  Furthermore, claiming them as US tax dependents would conflict with their claims of Canada as their primary residence for accessing provincial health care benefits.  

Be 100% sure of all of this before your parents end up in a situation without legal access to health care.

Perhaps being snow birds may be a better plan.  

So according to a blog this is the requirement: 

 

All provinces, except Ontario and Newfoundland, require you to actually live in your home province for at least six months plus a day (183 days in most years) in order to be considered a permanent resident of that province, and therefore qualified for provincial health insurance (medicare) benefits. That means actually residing in your home province and being able to prove it, ...

Ontario allows you to be out of the country for 212 days (seven months) and Newfoundland for eight months without risking loss of your medicare benefits.

If you stay out of your province longer than that, you risk losing your “residency” and with it your medicare benefits,

https://blog.ingleinternational.com/how-long-can-a-canadian-snowbird-stay-out-of-the-country/
 

So here’s the thing, all the above may have different time limits but they all require you to have residency in your province in Canada. And a green card requires you to have residency in the US. And by definition (at least under US law), you cannot be resident in more than one place. (For everywhere except Ontario and Newfoundland it is physically impossible too, as you cannot spend more than half a year in both places in the same year.) So yes it is either give up Canadian healthcare to become a resident in the US and meet the requirements for maintaining your green card, or just be a snowbird. Given the periods mentioned to maintain Canadian healthcare, it seems a snowbird is the best option anyway, far less hassle, no tax implications, etc. 

 

Separately, is it actually a thing that parents can pay taxes, own property, receive pensions in Canada but be a tax dependent of someone else in the US? How does this work when they have to declare worldwide income /assets to the IRS? Genuine question, there may be a workaround as there often is with taxes, but it seems intuitively contradictory to me. 
 

 

 

 

 

Edited November 18, 2020 by SusieQQQ