Moving Your Mother to the US on an H-1B Visa: Options and Considerations

When an H-1B visa holder wishes to bring a dependent parent, such as their elderly mother, to the United States, several factors must be evaluated. This article explores the VISAs, health, and legal implications of such a move.

Introduction

The H-1B visa, often held by skilled workers, does not allow the visa holder to sponsor their parents for dependent visas. Therefore, the only currently allowed option is for the mother to enter the U.S. on a B1 visitor visa. However, this allows for limited stays and strict compliance with the six-month limit. Here, we discuss other options and considerations for bringing your mother to the U.S. safely and legally.

B1 Visa Options

Technically, you can bring your mother on a B1 visa, but this route has limitations. You must travel through countries like Canada or Mexico and hop back every six months due to stay regulations. Travel insurance covering her health is also required. A root canal procedure in the U.S. can cost up to $2000 for those without health insurance. This presents a significant healthcare challenge for your elderly mother with health conditions.

?áp case if no valid h1b

For those not holding an H-1B visa, or if you are a U.S. citizen or in a green card status, bringing your mother to the U.S. without a B1 visa might not be an option. However, if you are a U.S. citizen, there are alternative options available, including:

Green Card Sponsorship

A green card holder or someone on a non-immigrant visa such as an H-1B, F-1, or J-1 visa cannot sponsor a parent for a dependent visa. As a U.S. citizen, you have the ability to petition for your parents to obtain a green card.

Before proceeding, ensure that your parents are admissible to the U.S. If they are, you can file the Form I-130, Petition for Alien Relative through the United States Citizenship and Immigration Services (USCIS) website. Each parent will require a separate petition and fee. Gather necessary documentation, including birth certificates, proof of U.S. citizenship, and any relevant legal documents to establish the parent-child relationship.

Financial Commitment

Apart from the legal process, the U.S. government requires you to provide an affidavit of support using Form I-864. When you sign this document, you agree to support your parents financially until they become citizens. Since your parents won't have worked in the U.S. and thus won't qualify for Social Security benefits, they might not be able to access employer-sponsored health insurance. You would either need to purchase individual health insurance for them or bear the cost of their medical expenses. Additionally, if they are not covered by Medicaid due to not working in the U.S., they may become a "public charge," which can affect the green card application.

Process

The process of moving your mother to the U.S. after receiving the green cards involves several steps:

Filing the I-130 Petition for Alien Relative Gathering necessary documentation and submitting it online Completing the I-864 Affidavit of Support for each parent Waiting for approval of the applications Submitting DS-261 at the National Visa Center Filing DS-260 and scheduling an interview at a U.S. embassy or consulate Receiving the visa and entering the U.S. Obtaining a green card and working if desired Applying for naturalization after five years of continuous residence (optional)

Conclusion

Bringing an elderly mother from India to the U.S. comes with numerous challenges, including strict visa regulations, healthcare costs, and the financial commitment required. However, with careful planning and a solid understanding of the legal processes involved, it is possible to make this difficult move a reality.

We hope this article provides valuable insight and helpful guidance as you navigate the complexities of bringing your mother to the U.S. We wish her a speedy and full recovery, and we trust that you will find the appropriate solution to support her care and well-being.