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Applying for my elderly mother to come to live with me. How…

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I am US Citizen...

I am US Citizen and applying for my elderly mother to come to live with me. How long does the process usually take for her to be able to get green card? Can she enter the country on a tourist visa which she already has and then wait for the process, Her visa is for 10 years now. My main concern for her is to have access to health care when she is here, not just emergency tourist health insurance which i usually get foe her when she is here

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When she does get green card, how soon is she able to get social security card and apply for medicare or be able to get supplemental health insurance?

Submitted: 8 months ago.Category: Immigration Law
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10/4/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,645
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Legally your mother is not supposed to enter the US on a tourist visa with intentions to process her green card in the US and wait here. A tourist visa is meant just for a visit and then the person is supposed to leave. However, if she comes for a visit with intentions to only visit and once she is here inside the US, she suddenly decides to stay in the US and begin the green card process, that is legal. The difference is in the intentions upon entry to the US and it makes all the difference between something legal and illegal. If your mother does come for a visit and suddenly decides to stay then she can remain in the US throughout the whole process. It will take about 6-7 months for her to get a green card right now.

The other option is for you to petition for her while she is outside the US. If done this way, the process will take about 8 months to a year before she can enter the US with a green card. During those 8 - 10 months, she is allowed to visit the US since she has a visa but there's a risk that they may not allow her in because they may suspect that she is coming to stay in the US and wait for her green card since they will know that her process is pending.

In terms of the health health insurance, she is eligible for "obama care" as soon as she becomes a green card holder/permanent resident. For all other benefits there is a wait time.

Permanent Residents need 40 credits of work (about 10 years of work) to be eligible for Social Security Benefits.

For Medicare she will also need to work at least 10 years (or 40 quarters) and pay Medicare taxes to get Medicare for free. After 5 years of being a permanent resident, she can buy Medicare.

Good luck to you and I hope this answer has helped you!

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Hello again.. I see that you were able to view my answer a few days ago, but you did not ask any follow ups or leave me any feed back.

Please let me know how else I can help and please kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★. Thank you for your consideration of our work and time here.

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