Applying for parents while they are in US

[enmalik 0]

Hi,

I want to know

i- Can I apply for my parents while they are here in USA on valid visit visa? I am also confused about this 90 days rule so any clarification around that will be helpful.

ii- Do I need to submit their police certificate. They are senior citizens? if so, how recent it needs to be?

 

Thank you.

 

[belinda63 3,038]

Yes

no such thing as the 90 day rul

Yes

Are you prepared to pay out of pocket for their health insurance. Sounds like they won't be working and they won't qualify for Medicare.

[SalishSea 17,921]

1 hour ago, enmalik said:

Hi,

I want to know

i- Can I apply for my parents while they are here in USA on valid visit visa? I am also confused about this 90 days rule so any clarification around that will be helpful.

ii- Do I need to submit their police certificate. They are senior citizens? if so, how recent it needs to be?

 

Thank you.

 

Where are they now?

 

You'll definitely want to familiarize yourself with what it will cost for them to get health insurance.   Hopefully they have significant savings amassed.

 

It can be >$1k per month per person.

[Boiler 45,657]

Perhaps the OP is very wealthy

[Daphne . 1,888]

Applying for an adjustment of status or do you mean getting the ball rolling with an I-130 for consular processing?

Don’t your parents have lives to go back to? Applying for AOS would mean that they’ll be stuck in the US while that is processing. Also, as others have mentioned, health insurance might be hefty.. 

[SteveInBostonI130 3,467]

14 hours ago, enmalik said:

Hi,

I want to know

i- Can I apply for my parents while they are here in USA on valid visit visa? I am also confused about this 90 days rule so any clarification around that will be helpful.

ii- Do I need to submit their police certificate. They are senior citizens? if so, how recent it needs to be?

 

Thank you.

 

 

Where are your parents now?

[OldUser 6,858]

You van apply, after considering these points:

1. Your parents should be willing to become LPRs and know all limitations when it comes to taxes, overseas travel etc.

2. They should be ready to stay in the US for a while

3. You need a plan for health insurance

[enmalik 0]

Thank you every one for your response.  I’ll try to respond to every one in one post.

Yes, health insurance is a concern to me but I didn’t think it’s appropriate  to ask in this forum. I am not familiar with medicare rules so something for me to explore more.

They come here on visit visa and I have both option to go for I-130 while they are in Pakistan or apply AOS. Also I do understand that they won’t be able to travel while application is in process.

I have following questions now that can help me to make a better decision for them.

1- If I apply for their I130 while they are in Pakistan and they still have valid visa, would they be able to still visit me in US and go back on visit visa while their I130 is in progress.

2-  Once they become LPR , will they be covered by Medicare ( as I am not familiar with rules so that's why I am asking )?

[Boiler 45,657]

Normally yes.

 

No, after 5 years as a LPR they can buy into Medicare, well I assume they will not work long enough to get Parts A and B free.

[Lil bear 4,249]

3 minutes ago, Boiler said:

Normally yes.

 

No, after 5 years as a LPR they can buy into Medicare, well I assume they will not work long enough to get Parts A and B free.

Part B is never free. Monthly payment even when getting Part A free 

 

I guess though if you choose a basic Medicare Advantage plan that has zero monthly premium, that can seem me make part B free … But they usually have a hefty deductible and restrictive in network limitations. You pay either way ! 

Edited December 17, 2023 by Lil bear

[SalishSea 17,921]

No, you don’t have “either option.”   Either they are currently here, or they are not.   They can’t enter with intent to adjust status-  that’s immigration fraud.

 

They have not paid into Medicare/social security, and will not be eligible for the benefits.   As others have said, after five years they may be eligible to purchase Medicare benefits.   Won’t be cheap.

[enmalik 0]

On 12/17/2023 at 1:42 AM, SalishSea said:

No, you don’t have “either option.”   Either they are currently here, or they are not.   They can’t enter with intent to adjust status-  that’s immigration fraud.

 

They have not paid into Medicare/social security, and will not be eligible for the benefits.   As others have said, after five years they may be eligible to purchase Medicare benefits.   Won’t be cheap.

Thats fine. I am just trying to get clarity on processes. My problem here is that they have to be in Pakistan for some time in next 1 and half year. I am evaluating my options. Thanks for your inputs.

[appleblossom 2,682]

2 hours ago, enmalik said:

I am evaluating my options. 

Now you know that you only have one option after all, hopefully that helps take away some uncertainly and makes things easier.