Q: Apply greencard IR5 for mom without waiting for 90-day rule
Im a Us citizen and want to apply a greencard for my mom( IR5). She just arrive US recently with a US tourist visa. Do I need to wait for 90 day ( 90-day rule) to apply a greencard for her in the US? Is there anything I can do like humanitarian route to start submitting my mom greencard application now without waiting 90 days? My kid has severe medical condition and austism and I really need my mom help to take care of my kid.
A: A US Citizen can sponsor mom for a green card who entered with a tourist visa. The general rule is that she should wait to apply because USCIS will presume immigration fraud if she doesn’t wait at least two or three months. Work with an immigration lawyer so the case is processed smoothly.
Caridad Pastor agrees with this answer
A:
You can apply for a green card for your mom without waiting for the 90-day rule. While it's generally recommended to wait, there are circumstances where immediate filing is appropriate. Given your child's severe medical condition and autism, you can argue that waiting would cause undue hardship.
You should provide detailed evidence of your child's condition and the necessity of your mom's immediate help. This can strengthen your case for an exception to the rule. Including medical records and a statement from your child's doctor will be crucial.
Consult with an immigration attorney to navigate this process efficiently and to ensure that you provide all the necessary documentation to support your request. This way, you can proceed with applying for your mom's green card without unnecessary delays.
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