Family reunion

[alvina]

I am currently a permanent resident. I am going to apply for an American citizenship beginning of January 2007. My mother got B1 visa. My understanding that the longest period of time she can stay in the U.S. is 6 months.
1. Can I start family reunion process for my mother straight after I apply for citizenship ?
2. Is it possible to start family reunion process while she is in the U.S. on B1 visa? What is the time frame for this process?
3. Will she have to leave the U.S. while her case will be pending?
4. Is there any legal way to extend her stay in the U.S. after her being in the U.S. 6 months without any complication and jeopardizing her status?

If anyone had a similar situation , I would greatly appreciate any advice on this matter.

[Дядя_Федор]

I am currently a permanent resident. I am going to apply for an American citizenship beginning of January 2007. My mother got B1 visa. My understanding that the longest period of time she can stay in the U.S. is 6 months.

How long your mother can stay in the US is determined by an immigration officer at the port of entry. It will be written on her i-94 card.


1. Can I start family reunion process for my mother straight after I apply for citizenship ?

No. You must have your Certificate of Naturalization when you petition to bring your mother into the US. This means you have to be a citizen at that time.


2. Is it possible to start family reunion process while she is in the U.S. on B1 visa? What is the time frame for this process?

She can apply for an adjustment of status while in the US, yes. When you become a citizen and your i-130 is approved, that is. The course of action, however, is different depending on whether your beneficiary in inside the US or abroad. The time frame could also be different in the two cases.


3. Will she have to leave the U.S. while her case will be pending?

Depends on how you do it. In general, if you do an adjustment of status, your mother can stay in the US while her i-485 is being processed.


4. Is there any legal way to extend her stay in the U.S. after her being in the U.S. 6 months without any complication and jeopardizing her status?

Well, formally, yes. Technically, it will depend on too many things to discuss it in general... :)

All above is
AFAIK as far as I know
because
IANAL I am not a lawyer...

[Lev Kobrin]

I am currently a permanent resident. I am going to apply for an American citizenship beginning of January 2007. My mother got B1 visa. My understanding that the longest period of time she can stay in the U.S. is 6 months.
1. Can I start family reunion process for my mother straight after I apply for citizenship ?
2. Is it possible to start family reunion process while she is in the U.S. on B1 visa? What is the time frame for this process?
3. Will she have to leave the U.S. while her case will be pending?
4. Is there any legal way to extend her stay in the U.S. after her being in the U.S. 6 months without any complication and jeopardizing her status?

If anyone had a similar situation , I would greatly appreciate any advice on this matter.
1) Нет
2) Да, примерно год, может быть и меньше
3) Нет
4) Да, только если ей дали 6 мес., то, скорей всего, у нее виза В-2.

[alvina]

Thank you very very much for providing advice.

From what I have gathered talking to her on the phone, she got multiple visa B1/B2 till May 2011. My thinking was that she would stay here for 6 months, then I will apply for extention her visitor visa on medical ground, (not sure whether it would be feasible). Meanwhile I would apply for citizenship, and after been granted citizenship I would strat family reunion process. From what I understood , it is not so easy and time frame is much longer than her actual permitted stay.
I do greatly appreciate your input. Here is another question. Her passport expires August 2007. Her mutilpe visa is valid till May 2011. When she will exchange her passport she will have to turn in her expired passport with valid U.S. visa.
1. Can she transfer her valid U.S. visa in her new passport or she will have to apply for a new visa with her new passport?

I am also wondering about the possible outcomes is I start family reunion process providing her old passport data while she is in the U.S. But what will happen when her passport expires and her case will be pending at that time? I am very much confused.

[alvina]

How long does it take to get the Naturalization Certificate from the time I will apply for Citizenship. If I apply In January 2007, how long it may take ? I live in OH. Where I will have to file a petition?

[alvina]

[QUOTE
She can apply for an adjustment of status while in the US, yes. When you become a citizen and your i-130 is approved, that is. The course of action, however, is different depending on whether your beneficiary in inside the US or abroad. The time frame could also be different in the two cases.

1.How long does it take for I-130 to get approved?
2. which course of action is quicker, when beneficiary is in the U.S. or outside.

[Дядя_Федор]

How long does it take to get the Naturalization Certificate from the time I will apply for Citizenship. If I apply In January 2007, how long it may take ?

Anywhere from 6 months up to sevearl years, unfortunately. Some cases get stalled because of the FBI namecheck. People write to senators, sue the USCIS etc etc...


I live in OH. Where I will have to file a petition?
You mean, your N-400? You mail it to the Nebraska Service Center. Have you read the Guide to Naturalization?
http://www.uscis.gov/graphics/services/natz/guide.htm

Addresses are on page 34 of the guide.

[alvina]

Thanks a lot for the info.

[Lev Kobrin]

Вы все очень неправильно "перекручиваете". Во первых, не нужно ей паспорт менять и переносить туда визу. Во-вторых, не нужно подавать 130-ю форму. Все будете подавать в одном пакете, иначе это протянется неизвестно сколько. Насчет времени между подачей на гражданство и присягой (подача-интервью-присяга) - в каждом штате по-разному, бывает ТРИ месяца, бывает ГОД, раньше и по ТРИ года ждали.