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Posted

Hi! I am USC and want to ask some questions about bringing my parents here:

 

1. do I have to file for both (married) parents together?

 

2. if my parents still work- in home country -they have a small shop do they have to close it if they want to get a green card here?

 

3. after parents get approved while in home country do they receive green card at the embassy or in USA? how long do they have to wait in USA before they receive the green card?

 

4. do parents have to get medical check up by a USA doctor prior to getting a green card?

 

thanks

 

 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
36 minutes ago, JOJOJO22 said:

 1. do I have to file for both (married) parents together?

To clarify it is two separate I-130 filings  .  You can file for one parent and not file for the other.  
 

Unless money is an issue, file for both now.   They can control whether they arrive together or arrive at different turns or years by uploading documents with NVC at different times.  

Filed: Citizen (apr) Country: Morocco
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Posted

as for the business ,  they should not make a decision to sell or sell it till they have the visa in hand

and selling it is a personal decision and not controlled by immigration

 

they will be filing US tax returns and need to follow the guidelines for foreign income

 

we own property in Moroc 

Posted

I understand, thank for the replies. Also, I wanted to ask, if they/one of them decides to come here with the immigration visa, how long till they/one receive the green card? Do they have to wait years without leaving USA? and how complicated is the process for them being older and having to see a doctor for medical exams? Thanks

Posted
On 3/22/2022 at 10:10 AM, Dashinka said:

1) You will file two separate I130s, one for each parent.

 

2) If they plan to live in the US as legal permanent residents, then they may have issues running a small shop in their home country.  They can try and set up something to allow someone else to run it, they can sell the business or they can close it.

 

3) Once they get their IR visas from the consulate, then when they enter the US, they will activate their GCs.  The physical GC will come to them to an address in the US, but their endorsed IR visa will serve as GC until the physical card arrives.

 

4) When the visa interview nears they will have to have a medical exam conducted by a medical facility in their country approved by the US consulate there.

 

Good Luck!

I was gonna apply for just my mom, but I am worried that since she is married to my dad they might not give her visa to immigrate by herself. could that be an issue, besides, if I only apply for my mom, then my dad can still run the shop back home until she gets her green card and she will be able to travel back and forth.   also, someone was telling me the other day whose parents have a green card here that now they applied to renew it and she has been waiting for more than 1 year to get a new one. does this seem accurate? I want to know what's down the road if I do this step. thanks.

Posted
45 minutes ago, JOJOJO22 said:

my brother is married and has a kid(minor) back home. how complicated is the process of me filling for him? what are the  average current waiting times?

 

At least 15 years or so, for F4 sibling visa case.  If your brother was born in India, Mexico, or the Philippines, it will be even longer.

 

Filed: Citizen (apr) Country: Myanmar
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Posted
1 hour ago, JOJOJO22 said:

I understand, thank for the replies. Also, I wanted to ask, if they/one of them decides to come here with the immigration visa, how long till they/one receive the green card?

Assuming they paid the green card fee before flying to the USA, it should be 60 days. Sometimes less. Sometimes longer.  Sometimes never (and so file I-90 for free to get it replaced).  
 

1 hour ago, JOJOJO22 said:

 

Do they have to wait years without leaving USA?

Once enter the USA they can leave the USA and re-enter using their canceled immigration visa. They can do this for up to a year after entering the USA on their immigration visa.  After that hopefully they have their green card. 
 

They should spent the majority of their  days in the USA.  
 

1 hour ago, JOJOJO22 said:

and how complicated is the process for them being older and having to see a doctor for medical exams? Thanks

They can pay cash to see a doctor. Or they can get Obamacare aka ACA.  In some states they can get state insurance. 
 

If they are paying cash they will find that is  cheaper to pay cash in Mexico or Philippines.  

Posted
On 3/25/2022 at 12:43 PM, Chancy said:

 

At least 15 years or so, for F4 sibling visa case.  If your brother was born in India, Mexico, or the Philippines, it will be even longer.

 

he is born in a european country. he has family-wife and kid(currently minor.) if let's say he gets an immigration visa in 10-15 years, would he be able to bring his family with him> will they get residency status also?

 

I have one more questions for both my brother and my parents: once you receive a green card, if you go back to home country and stay longer than 6 months-is green card canceled?

 

second question: if brother/mom received immigration visa while in home country, how long is the visa valid?

 third question: if my brother applies for immigration visa and meanwhile he applies for travel visa, is he able to come travel back and forth while waiting for immigtation visa? thanks

 

Posted
On 3/25/2022 at 1:02 PM, Mike E said:

Assuming they paid the green card fee before flying to the USA, it should be 60 days. Sometimes less. Sometimes longer.  Sometimes never (and so file I-90 for free to get it replaced).  
 

Once enter the USA they can leave the USA and re-enter using their canceled immigration visa. They can do this for up to a year after entering the USA on their immigration visa.  After that hopefully they have their green card. 
 

They should spent the majority of their  days in the USA.  
 

They can pay cash to see a doctor. Or they can get Obamacare aka ACA.  In some states they can get state insurance. 
 

If they are paying cash they will find that is  cheaper to pay cash in Mexico or Philippines.  

what states can you get obama care? also, do you mean flying to mexico/philipines for medical exams? emergencies? that's what I need insurance for. non-imergencies they can fly back to europe if its something that can wait.. thanks

Filed: Citizen (apr) Country: Myanmar
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Posted (edited)
11 minutes ago, JOJOJO22 said:

what states can you get obama care?

all of them. 
 

Quote

 

also, do you mean flying to mexico/philipines for medical exams?

anything that is planned in advance.  

Quote

 

emergencies? that's what I need insurance for. non-imergencies they can fly back to europe if its something that can wait.. thanks

So a bronze ACA plan is inexpensive yet has high deductibles.  One  trip to the emergency room will eat up the deductibles.  A silver plan or higher will have expensive premiums and more coverage before using up the deductible. Think in terms of spending $15,000 a year or more on combined premiums and deductibles for each person.  
 

If you think there will be lots of trips to the emergency room, then unless they live in a state like California with medical plans designed for older immigrants, a B visa with travel insurance might be a better option.   But California has higher living costs than most of the USA and Europe.  

Edited by Mike E
Filed: K-1 Visa Country: Wales
Timeline
Posted
17 minutes ago, JOJOJO22 said:

he is born in a european country. he has family-wife and kid(currently minor.) if let's say he gets an immigration visa in 10-15 years, would he be able to bring his family with him> will they get residency status also?

 

I have one more questions for both my brother and my parents: once you receive a green card, if you go back to home country and stay longer than 6 months-is green card canceled?

 

second question: if brother/mom received immigration visa while in home country, how long is the visa valid?

 third question: if my brother applies for immigration visa and meanwhile he applies for travel visa, is he able to come travel back and forth while waiting for immigtation visa? thanks

 

Lets say he gets his immigration visa in 20 years, a more realistic timeline, his then spouse and any minor children can come as derivatives.

 

Most Europeans are eligible for the VWP and can continue to visit whilst the process is ongoing.

“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.”

Posted
19 minutes ago, Mike E said:

all of them. 
 

anything that is planned in advance.  

So a bronze ACA plan is inexpensive yet has high deductibles.  One  trip to the emergency room will eat up the deductibles.  A silver plan or higher will have expensive premiums and more coverage before using up the deductible. Think in terms of spending $15,000 a year or more on combined premiums and deductibles for each person.  
 

If you think there will be lots of trips to the emergency room, then unless they live in a state like California with medical plans designed for older immigrants, a B visa with travel insurance might be a better option.   But California has higher living costs than most of the USA and Europe.  

my older parents might need ER visits-no way to know for sure. we don't and won't live in CA, thanks for all answers.

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
39 minutes ago, JOJOJO22 said:

I have one more questions for both my brother and my parents: once you receive a green card, if you go back to home country and stay longer than 6 months-is green card canceled?

1. The maximum continuous absence from the USA a green card holder should have is 180 days.  Not 6 months.  
 

2. Absences of 181 days or more can result in higher scrutiny by CBP upon return to the USA.  If CBP determines lawful permanent residency (LPR) status was abandoned, it will process the LPR as an arriving alien.  In concrete terms this can mean:

 

* the green card is confiscated

 

* the LPR is given a replacement temporary I-551 that lets the LPR travel and work.  Note that a green card is also an I-551. 30 days before the temporary I-551 expires, the LPR can make an appointment with USCIS to get a new I-551. Or the LPR can ask CBP for one while returning to the USA.  
 

* the LPR is given a notice to appear (NTA) in immigration court.  
 

3. Only an immigration judge can take away LPR status.  
 

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case Has details for what can happen to LPRs who stay away for more than 180 days.  Note that this can happen to LPRs who stay away for less than 181 continuous days but are spending most of their time  outside the USA.  
 

This all said we’ve seen plenty of cases where LPRs stayed away for years and CBP processed them as returning residents.  Including one who stayed away longer than 9 years.  In other web sites I’ve helped people who stayed away longer than 10 years.  
 

Still I don’t recommend a continuous absence of more than 120 days and anything longer should be prefixed an I-131 to get a re-entry permit.  And LPRs should spend 7/12s or more of their time in the USA.  

Edited by Mike E
 
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