AOS for mom - covid survivor

[Skks]

Greetings!

USC 21+ here. Recently my parents in India contracted covid with my mom ending up the survivor. She is older and has health issues. She/we do not have a strong enough support system in India(especially for getting her through the whole 485 process). Given, planning to do her AOS stateside when on her visitor visa. I get that’s frowned upon, but given the situation, I’m confused and very anxious. She’s 65+.

Couple of questions




1. I get NIV to AOS is frowned upon, but given the situation, I’m confused and very anxious. She’s 65+. How bad can things get? As in, Can get NIV be revoked?




2. Would you shop health insurance after she lands? What are some good options besides ACA?




3. She doesn’t have a birth certificate(birthday before 1970 -visa reciprocity schedule)Should I try for an NBAC at the local municipality/corporation office?

Any other pointers?




TIA

[twisted-pixel]

I think you have to be very careful here.

As you say, coming to the US on a NIV with the intent of filing AOS is a big no no. If the USCIS question your intent, then you'll have to prove that there were no plans to file for AOS before you arrived. It won't help your case if you start shopping around for Health coverage since why would you need health coverage (above your standard travel insurance which I assume you would get) if you weren't planning on staying?

That said, if you are a USC then your mom would be eligible for AOS....just need to follow the process carefully.

The result could jeopardize any future visit to the US

[Skks]

I think you have to be very careful here.

As you say, coming to the US on a NIV with the intent of filing AOS is a big no no. If the USCIS question your intent, then you'll have to prove that there were no plans to file for AOS before you arrived. It won't help your case if you start shopping around for Health coverage since why would you need health coverage (above your standard travel insurance which I assume you would get) if you weren't planning on staying?

That said, if you are a USC then your mom would be eligible for AOS....just need to follow the process carefully.

The result could jeopardize any future visit to the US

Thank you and god bless.