Requesting US residency for Argentine parent

[Edu R]

Hello all, I'll be going back to the US to live there for a few years/indefinitely. I'm a US Citizen.

My mother has expressed interest in maybe going with me and staying there. I've talked with an immigration lawyer in the US and she told me that there's two options.

The first one is for my mother to the US on a tourist visa and then we can file the residency paperwork there.

The second option is apparently to file the paperwork while she's still in Argentina and do everything through the embassy.

For various reasons the second option is the more feasible one for us, but I was wondering if anyone here has ever done it this way and could share their experience.

 

[elhombresinnombre]

Speaking as a Brit who has only ever entered the USA as a tourist I would say go down route two and get a second opinion before considering route one.
1)US immigration is absolutely nothing like that in Argentina and that's a side that citizens seldom see.
2)I have read (on the internet, so it must be true) that to enter the US on a tourist visa with the intention of applying to stay is visa fraud.
3)I have stood in line to enter the US behind a middle aged woman who was not believed by the immigration officer when she claimed she was only visiting. She was humiliated in front of the rest of the queue and detained to be sent back to where she came from. Don't let that happen to your mum!

 

[Jhandu]

Hello all, I'll be going back to the US to live there for a few years/indefinitely. I'm a US Citizen.

My mother has expressed interest in maybe going with me and staying there. I've talked with an immigration lawyer in the US and she told me that there's two options.

The first one is for my mother to the US on a tourist visa and then we can file the residency paperwork there.

The second option is apparently to file the paperwork while she's still in Argentina and do everything through the embassy.

For various reasons the second option is the more feasible one for us, but I was wondering if anyone here has ever done it this way and could share their experience.

Apply for visitor visa, let her come and stay with you. She will be granted 6 months stay at a time on 10 year tourist visa. If she decides to stay in USA longer or indefinitely, you should apply for permanent residency in US while she is there. Its much easier and faster. While she has applied for residency and needs to travel to Argentina, she can always get a parole through immigration. Just make sure you have all the paperwork required to file for permanent residency.

It gives you and her the flexibility to decide if she likes the lifestyle in US compared to back home. Good luck!

 

[Edu R]

Apply for visitor visa, let her come and stay with you. She will be granted 6 months stay at a time on 10 year tourist visa. If she decides to stay in USA longer or indefinitely, you should apply for permanent residency in US while she is there. Its much easier and faster. While she has applied for residency and needs to travel to Argentina, she can always get a parole through immigration. Just make sure you have all the paperwork required to file for permanent residency.

It gives you and her the flexibility to decide if she likes the lifestyle in US compared to back home. Good luck!

Hey, thanks for your answer. We considered that but per the immigration lawyer's advice, parole authorizations usually take 8 months or more. While she doesn't have an issue in staying in the US most of the year, she doesn't want to commit to not being able to leave the country for 8 months or more, which is why we were considering the option of just getting everything done while she's here.

 

[Jhandu]

Hey, thanks for your answer. We considered that but per the immigration lawyer's advice, parole authorizations usually take 8 months or more. While she doesn't have an issue in staying in the US most of the year, she doesn't want to commit to not being able to leave the country for 8 months or more, which is why we were considering the option of just getting everything done while she's here.

Have you checked how long the process is taking for immigrants from Argentina to get there permanent residency? Once you start the process, she may not be able to travel to you until she has the Green card.

 

[Edu R]

Have you checked how long the process is taking for immigrants from Argentina to get there permanent residency? Once you start the process, she may not be able to travel to you until she has the Green card.

That's kind of why I opened the thread, lawyer and internet say "around 8-12 months" but I wanted to get some real-life experiences since it will come down to how each consulate deals with the application.

Lawyer said she "should" be able to travel after applying as long as she has a valid tourist visa, but that she wouldn't be surprised if a particularly shitty CBP officer might reject her anyway.

 

[Jhandu]

That's kind of why I opened the thread, lawyer and internet say "around 8-12 months" but I wanted to get some real-life experiences since it will come down to how each consulate deals with the application.

Lawyer said she "should" be able to travel after applying as long as she has a valid tourist visa, but that she wouldn't be surprised if a particularly shitty CBP officer might reject her anyway.

True, CBP officer may see it as backhand way to come and stay in US. Lately they have been very tough on these kinds of maneuvers, they don't care that she may be traveling for genuine reasons.

 

[jbeas176]

jhandu. its hard to say silent knowing what you are going to go thru. if your mother has a tourist visa, travel to the US with her. biden is immigrant friendly. the US embassy in buenos aires is not. she will be an intending immigrant and not allowed to go forward. i took a letter from a US senator and was told if he feels so strong change the law. what everyone is saying is its up the the consular or psa agent you encounter that has no rules to govern their behavior. get her to the US, hire a lawyer when she decides to stay and go through the process. been there done that. mis dos centavos.

 

[jbeas176]

as always an addional thought. she would need to show a return flight. her stamp for length of stay will depend on it. lawyers say its continues days in a given year. psa agents say it cumlative. you cant stay past 180 days in the country. you must stay more time in your country of origin than the US. its confussing but lawers have a way around it. its called a redress number. when you have it it takes the decision out of the hands of the psa agent at entry and has been given to washington DC. good luck

 

[Edu R]

jhandu. its hard to say silent knowing what you are going to go thru. if your mother has a tourist visa, travel to the US with her. biden is immigrant friendly. the US embassy in buenos aires is not. she will be an intending immigrant and not allowed to go forward. i took a letter from a US senator and was told if he feels so strong change the law. what everyone is saying is its up the the consular or psa agent you encounter that has no rules to govern their behavior. get her to the US, hire a lawyer when she decides to stay and go through the process. been there done that. mis dos centavos.

Thanks for the input! Did you deal with the Argentine embassy in particular?