Immigration Issues/How does it go? or does it?
Hello~! My husband is currently 6months into an "please wait 11mo.s then you may contact our office" wait on the local INS office here in San Jose, Ca. to approve his adjustment of status based on our marriage and issue him a green card.
My question regards his mother in India who has recently fallen ill. His Father died last year and he was very saddened to not have been free to travel to be with him. I am wondering two things really.
The first is what is the procedure or is it possible considering the "up in the air" status of his case, to bring his Mother here from India? Are there minimum requirements for our ability to support her and if so what are they?
The second question is would it be inappropriate or frutile to request expediting his claim so he could get his green card and go to India to see her?
His mother may apply for a B-2 visa to enter the U.S. to visit you. If she has verifiable medical problems, the Consulate may issue her a B-2 visa to live with you and your husband in the United States. However, as this is not a straightforward request, I would recommend consulting an attorney about your case before your mother applies for the B-2 visa with an intention to stay more than 6 months in the U.S.
As an applicant for Adjustment of Status, unless he was out of status when the Adjustment was filed--or other reason to make him ineligible, your husband may submit an I-131 Advance Parole application to the San Jose office together with his I-485 receipt notice, to request this travel document. The Advance Parole documents are issued in one-year increments. However if he is out of status or violated any immigration laws in the past, etc., it is unwise for him to travel even with an Advance Parole.
I hope this helps.