[mia_chang1]

My parents visited us (B2 visa) from China two months ago. I am US citizen. Their legal staying period is 6 month. Now my mom decided to live with us forever while my daddy still wanted to go back to China. So my question is: can I apply green card for my mom now (about 3.5 months left of their 6-month staying period)? Or do I need to wait at least one or two months later to apply for her since my friends told me that it is better to apply until one or two months of 6-month staying period left?

Thank you so much!

Mia Chang

[lawanwadee]

To apply immigrant visa (greencard) for your parents usually takes between 12-18 months, and one of the most important requirements is they must wait for visa number in their home country. If she waits for visa in US, the consequences are she overstays her visa and is subject to 3-10 years bar depending on how long she overstays.

So the best choice is she should return to China and wait there while you file I-130 here.

Green card holders should not leave the country more than 6 months a year, so if they are not considering a relocation, do not apply immigrant visa. They are also allowed to come to visit you on visitor's visa which enable them to stay up to 6 months. This would be a better choice.