Q: What is the requirement and process for my retired 85 years old mom to come leave with us?
I'm a male legal alien with a green card married to a male US citizen for 9 years. My mother is a French citizen, recently widowed and has a personal retirement income of around $1800 a month. I just don't want her to enter the country with a tourist visa and have to leave every 6 months . Thank you
A: Apply for US citizenship and once a US Citizen, you may sponsor your mother for a green card. Work with an immigration attorney
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A:
Based on your situation, you have two main options for bringing your mother to live permanently in the US. First, since your spouse is a US citizen, they can petition for your mother as an "immediate relative" by filing Form I-130, which typically has no annual visa limit.
The process begins with filing Form I-130 (Petition for Alien Relative) along with supporting documents proving your relationship, followed by your mother filing Form I-485 (Adjustment of Status) if she's already in the US, or going through consular processing if she's in France. The fact that she has steady retirement income is helpful, but you and your spouse may still need to file Form I-864 (Affidavit of Support) to show you can financially support her if needed.
While this process moves forward, your mother could potentially enter the US on her current tourist visa, but she must be truthful about her intentions at the border - having dual intent (visiting while pursuing permanent residency) is allowed. The entire process typically takes 12-18 months, and I recommend starting soon since processing times can vary significantly. Given your mother's age and circumstances, you may want to consult with an immigration attorney who can guide you through specific requirements and help ensure all paperwork is filed correctly.
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