advantages of adjustment of status or consular processing

[Nishapg]

Hi,

I am planning to file I-130 for my widowed mom who is currently in USA. What would be better - filing for I-130 now or filing it after she has left the country? My mom has been here for the last 3 months and is otherwise planned to go back to India in mid-November.

Thanks

[inadmissible]

advantage of AOS - she can stay here for the next 12 months, rather than spending that time abroad waiting for consular processing
disadvantage of AOS - she HAS to remain here for the next 4 months, otherwise she will abandon her application

advantage of CP - she can leave the United States immediately if she wants
disadvantage of CP - she can't return to the United States for the next 12 months

all time frames are approximate

[Nishapg]

More questions

advantage of AOS - she can stay here for the next 12 months, rather than spending that time abroad waiting for consular processing
disadvantage of AOS - she HAS to remain here for the next 4 months, otherwise she will abandon her application

advantage of CP - she can leave the United States immediately if she wants
disadvantage of CP - she can't return to the United States for the next 12 months

all time frames are approximate

Thanks a lot for your reply. I had a couple more questions. We are leaning towards CP. Is it better to file for it after she goes back to India or is it fine if we file now while she is still in the country ? She is in US for 6 more weeks.

Also once Greencard is done how long does she have to stay in the US every year for the Greencard to be valid?

Thanks again for the help.

[newacct]

Thanks a lot for your reply. I had a couple more questions. We are leaning towards CP. Is it better to file for it after she goes back to India or is it fine if we file now while she is still in the country ? She is in US for 6 more weeks.

Makes no difference.

Also once Greencard is done how long does she have to stay in the US every year for the Greencard to be valid?

There is no set amount of time. It's a subjective determination based on many factors, not just amount of time; e.g. whether she accessed to a home in the US, whether she had family in the US, whether she filed taxes in the US, her purpose for traveling abroad and whether that purpose had a fixed end date, her prior pattern of travels, etc.

[Nishapg]

Thanks

Makes no difference.


There is no set amount of time. It's a subjective determination based on many factors, not just amount of time; e.g. whether she accessed to a home in the US, whether she had family in the US, whether she filed taxes in the US, her purpose for traveling abroad and whether that purpose had a fixed end date, her prior pattern of travels, etc.

Thanks for your help. Your reply helps me get on with the next step soon.