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Immigration Issues/Status Adjustment for Medical Reason-Sponsoring Parent

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Question
Hello,

I'm a US citizen by birth and my elderly mother is currently visiting me in the US on a tourist visa (B2).   She has recently experienced some medical issues and we feel that it is best that she remain here with me so that I may care for her.  I have the financial means to care for her.

We are considering a change of status to an immigrant visa (green card) for her.  Is this possible, and if so, what is the process?  Are there any issues/concerns I should be aware of?  Is there any requirement for her to go back to her home country and apply from there?  She's not really well enough right now to travel.

It's worth adding that she has held a green card in the past, which she relinquished a few years back due to a preference to live in her home country at the time.  The situation has changed now and we'd like her to live here in the US permanently.  That's why we'd like to get her another green card.

Thank you in advance for your kind reply.

Answer
Hi,

All sponsorship paperwork can be filed concurrently for your mother: www.h1b1.com/sponsor.htm

She can remain in the U.S. beyond the expiration date of the I-94 issued to her at the port-of-entry as long as the sponsorship paperwork (including the immigrant petition as well as adjustment of status application) is filed concurrently with the USCIS. She will not be required to depart the U.S. It is OK if she  has relinquished her permanent resident status earlier, and her medical condition will not pose a problem either since you will be filing affidavit of support for her (it is required in any event for sponsorship).

You may contact our immigration law firm at info@h1b1.com or call 212-268-3580 during business hours for a legal fee quote without obligation.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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