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I have a huge doubt........ I got a green card for my wife which we received in May 2019 and we have her mother having to come in and out of the country every 3 months (ESTA) travel authorization. If my wife becomes a us citizen she can petition for her 82yo mother and avoid this craziness of coming in and out. Is it possible to become a citizen without having to wait 3 years with the greencard? I once heard from someone that retroactivity could apply to the moment when you filed for the greencard? Is there any way this can be done?
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no
This is my personal opinion and is not to be construed as legal advice. -
Any advice???Comment
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Wait till the 3 years and apply4-18-18 PD
4-29-18 Finger Print fee was received
9-26-18 I-765 and I-131 Approved
10-02-18 Card Was Delivered To Me By The Post Office (sent to Lawyer) Day 167
10-03-18 Case is Ready to Be Scheduled for An Interview Day 168
10-05-18 your case has been scheduled for a interview. Day 170
11-13-18 Interview
11-13-18 New card being produced
11-15-18 I130 and I485 Approved
11-20-18 Card MailedComment
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She needs to wait until she becomes a citizen (i.e. takes the oath) before she can petition her mother to immigrate.Originally posted by AlfredoB View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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If you mean can your wife successfully file a petition now while she waits three years to naturalize, the answer is no.
You asked for advice and here are the brutal facts.
Even your mil comes to the USA, she will not be eligible for Medicare. She will not be eligible for Medicaid. If she lives in California she will be eligible for a state program but it is not clear whether that will violate the new public charge rule. So you are looking at at least $24,000 a year in premiums and deductibles. Based on today’s prices. It will increase.
If your MIL is rich, then she can get an investor visa and thus a green card.Comment
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It shouldn't be considered under the new rule. This paragraph of the rule saysOriginally posted by Mike E View Post
A state medical insurance program, funded exclusively by the state, is not included in the definition of public benefit under 8 CFR 212.21(b), and will not be considered as a public benefit in the public charge inadmissibility determination. To the extent that States give the same name to their Federal Medicaid program and the state-only funded health insurance program, aliens will not be required to report the receipt of the state-only funded health insurance.Comment
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