Legal Question in Immigration Law in California

What kind of documents i need to prepare if i would like to let my mom come to us to live with me? How long she can come? I'm US citizen. May i travel during the time processing this case? Does it limit the time i travel?

Asked on 8/07/09, 5:18 pm

5 Answers from Attorneys

Luba Smal Smal Immigration Law Office
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As a US citizen, you can petition your mom for permanent residency (green card) in the USA.

The process generally takes about a year. During this time, she will wait abroad, but you can travel internationally.

If you require legal assistance with this matter, please email me at Attorney [@] law-visa-usa.com, and I will be glad to help.

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8/07/09, 5:34 pm
David Nachman Nachman & Associates, P.C.
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You can file for your mother for permanent residency otherwise known as a green card in the US. We assume that she is in valid status in the US? Generally, the process takes about six months in the State of New Jersey.

For more information about petitioning for your Mother you can visit our website at www.visaserve.com.

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8/07/09, 5:54 pm
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You may file a request for permanent residency for your mother, first by filing the I-130 with the USCIS in the U.S. Once approved, the case would be transferred to the National Visa Center for security checks, etc., and then the U.S. Consulate in her home country would schedule an interview. The entire process could take approximately one year. There should be no limitations on your ability to travel during this period of time. Once your mother's permanent residency is approved, then she could come to the U.S. to live with you. I would be happy to assist you if you have more questions at JBrill@JenniferBrill-Law.com or call 415-387-1364.

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8/07/09, 7:18 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.
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Greetings: You need not worry about traveling at all. You file a petition in the U.S. for your mom to come live with you and she will immigrate on an immigrant visa. There is no priority date backlog for cases like this, so the processing is quick, about a year.

People often ask whether the immigrant can travel to the U.S. while the case is pending. Sometimes it can be hard for people like your mom to travel while the case is pending. That's because she's intending to come to live with you when if she tried to enter before then, it would need to be with temporary intention on her mind. Since that's not consistent with coming to live with you (permanently), it's unpredictable whether she could enter meanwhile.

It would all depend on the officer she would speak to at the airport and whether he believed she would enter to visit on that entry. It's more predictable if she simply waits abroad, though it is possible for her to also travel.

Documentation submitted deal with proof of your relationship to your mother, her identity and whether she's admissible: medical exam, financial support, no bad crimes, etc. There are a number of items that need to be organized. Different clients need different documentation and I'd need to know more to know which exact documents. The above are the categories though.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, phone at 818 609 1953 or email me at alice@yardum-hunter.com. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A “Super Lawyer” 2004 – 2009, Los Angeles Magazine

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8/08/09, 2:54 pm
Ellaine Loreto Law Offices of Ellaine Loreto
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Hello:

If you want your mom to live with you for a long time, then you could sponsor her for an immigrant petition, which would ultimately result in a green card. Depending on what country she is from, this may take approximately 1 year to process. Once she gets approved, she will have legal permanent resident status and can travel freely. (If she intends to travel however for more than 1 year at a time, she should apply for the travel document, or her green card may be considered abandoned.)

She can then live with you indefinitely.

Your petition will not affect your ability to travel anywhere and will not limit the time you can travel. However, if you are not earning an income during the time that you are traveling, there may be an issue in your ability to financially support her. Your income must be above the federal poverty guideline, which depends on the amount of dependents you may have, including her. If future evidence for your ability to financially support her is necessary, and you cannot show that you meet the requirements based on income (and/or assets), then it could affect your petition for her. HOWEVER, if you know in advance your income will not meet the requirements, you can have a co-sponsor, whose income does meet the requirements, assist you in the petition.

To discuss your options further, please call me at 714 288 0574 or email me at eloreto@loretomedinalaw.com. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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8/11/09, 8:39 pm

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