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  • filing for my kids

    HI:

    I JUST RECENTLY GOT MY PERMANENT RESIDENCE, AND I WANT TO FILE FOR MY TWO KIDS,THEY'VE LIVED HERE WITH ME SINCE 6 YEARS AGO.THEY ENTERED HERE WITH THEIR PASSPORTS AND PERMITS BUT THEY EXPIRED NOW, I GUESS THEY'RE WHAT THEY CALL OVERSTAYED.WE ARE CLOSE TO THE BORTHER WITH MEXICO AND MY QUESTIONS ARE, WHAT IS BEST? SEND THEM BACK TO MEXICO AND REQUEST THEM BACK HERE OR FILE FOR THEM NOW THAT THEY ARE HERE? AND HOW LONG DOES IT TAKE FOR THEM TO GET THEIR VISAS? ALSO IF IT'S MORE THAN 5 YEARS, CAN I APPLY FOR THE CITIZENSHIP AND EXPEDITE THEIR CASES??

  • #2
    HI:

    I JUST RECENTLY GOT MY PERMANENT RESIDENCE, AND I WANT TO FILE FOR MY TWO KIDS,THEY'VE LIVED HERE WITH ME SINCE 6 YEARS AGO.THEY ENTERED HERE WITH THEIR PASSPORTS AND PERMITS BUT THEY EXPIRED NOW, I GUESS THEY'RE WHAT THEY CALL OVERSTAYED.WE ARE CLOSE TO THE BORTHER WITH MEXICO AND MY QUESTIONS ARE, WHAT IS BEST? SEND THEM BACK TO MEXICO AND REQUEST THEM BACK HERE OR FILE FOR THEM NOW THAT THEY ARE HERE? AND HOW LONG DOES IT TAKE FOR THEM TO GET THEIR VISAS? ALSO IF IT'S MORE THAN 5 YEARS, CAN I APPLY FOR THE CITIZENSHIP AND EXPEDITE THEIR CASES??

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    • #3
      How old are your children?

      It takes 7 years from filing for children of LPR to obtaining visas (or adjustment of status)( if they are from Mexico).

      Yes, you can file I-130 now and upgrade petition once you become USC.

      Should they stay here or return home, depends on their age and your family circumstences.

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      • #4
        they are 19 and 17 this year. both living here

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        • #5
          also, will they get their social sec and work permith as soon as i submit their papers to ins?

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          • #6
            Beneficiaries of petitions filed by LPRs have to wait for a visa number to become available. At the moment, it takes about 7 years for cases like yours. In the meantime, your children can not get Employment authorisation document or SSN based solely on I-130 (their presence is illegal as long as they don't get visa or are able to do the adjustment of status (AOS) - both is done after the visa number becomes available.)

            Unlawful presence - overstay, is forgiven if, at the time of getting visa or AOS, the petitioner is an US citizen and children are under 21. Your children will be over 21 in 2013.

            Unlawful presence starts at ones 18th birthday. So your youngest still has a time to leave and have a clean record.

            If your older child is under 19, and leaves the US, he/she will be a subject to 3 year bar on returning to the US. That will be "served" before the immigrant visa becomes available, and shouldn't be a problem.

            If he/she is over 19, meaning that there is an overstay of more than a year, the bar is 10 years.

            After you become a USC, take a good look at situation: the questions will be is it better to upgrade the petition (as filed by USC) - it can mean longer waiting time. At the same time, if your children are close to ageing out (it depends how soon you'll get I-130 approved; the longer it takes - better for your children), upgrading would be the only solution.

            Makes sense? I hope I didn't make it too confusing.

            I am sure some will suggest that your children can lay low and wait for a new law or similar... but that wasn't your question.

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            • #7
              ...to add:
              - in any case (if you petition them as PR or US citizen) if your children don't have legal status in US at the time visa number becomes available, they can not adjust their status in the US. They will have to return to Mexico and go through the consular processing. Leaving the US, would trigger 10 year bar.

              Anybody - are waivers available for sons and daughters based on hardship to parents?

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              • #8
                They'll be adults by then (almost are now). Doubt "hardship" to their parents would play.

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                • #9
                  SO THE ONLY SOLUTION RIGHT NOW TO GET THEIR SOCIAL AND WORK PERMIT AS SOON AS POSSIBLE, AS MY OLDEST WANTS TO START COLLAGE, WOULD BE FOR A U.S.CITIZEN (MY HUSBAND, WE ARE SEPARATED AT THE TIME AND HE MIGHT WANT TO SIGN THE FORMS)TO DO THE FILING FOR THEM RIGHT???

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                  • #10
                    ALSO, WHAT WOULD BE THE WAITING PERIOD AND THE PROCESS (INTERVIEWS WITH BOTH OF US? PROOF OF LIFE TOGETHER? HE'S IN ANOTHER STATE NOW) IF MY HUSBAND FILES FOR THEM?

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                    • #11
                      correct - far the best solution for your children would be if their US citizen father files for them (for AOS, I-130 and I-485 and for EAD I-765). How long the process would take, depends on the USCIS service center (where the father lives?).

                      When a father petitions for a child, only those two parties are involved. You may help by providing documents (birth certificates etc) but you will not be otherwise involved.

                      Just curious, how come neither you nor your childrens father included the children in either of your petitions for PR?

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                      • #12
                        Well if it was me i would let them stay here and try to find someone to marry......they are a little bit old now for you to get a green card quick for them and beside you just got yours so it going to be hard dont send them back what i would tell you to do is keep your mouth close and tell them not to tell there frends anyting and live a clean live no crime or drugs and pray and that some one will marry them.

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                        • #13
                          while you do everything else, can you also try to learn to type without having you caps-lock on?

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                          • #14
                            Thank you all very much for your information, this is the story like a lot out there of a marriage gone bad, we got married and he later desided to go his own way, after 1 1/2 years, i still don't know why he didn't file for my kids, lots of excuses, money most of the time, he left us and i had to find my way alone in this country, thank god i know the language and i found an ok job to support me and my kids in a more or less decent life, still working hard to better myself and not to be a burden in this country, never asked for anything from the goverment, except, the oportunity of doing everything legal, all of this just to give my kids a better education and more life otions for my kids. hard working mom, i only know that he would still help us because he knows of all the things and the life i left back and all the sacrifices i made till now, i could've gone back to my country, but i'm not a quitter, and i think i have done more and it would be stupid to quit now.
                            I'm proud of all that i've accomplished here and i'm just starting, i'm back in collage and still going up in the work/job ladder.

                            he's in alabama or florida, didn't want to ask for anything else and though i could do this on my own, now with my own residency.

                            god would help me like he's been doing if it's ment to be, in the time beeing, i'll do whatever i can to accomplish this.

                            again thanks Aneri, for your advice and i hope this would help a lot of other woman that come here to find some light to our issues.

                            god bless you all

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                            • #15
                              Here's a new up-date, i finally got in touch with my "husband" and he agreed to sign the petitions for my two kids, i went to the INS office and they asked me if they entered here legally????? i said yes because at that time(almost 6 years ago) they had their crossborder card and 6 months permit but of course taking all this time to file, it's expired and their card is no longer valid (they have the old card) it changed two or three years ago. well ins gave me forms G-325A, I-130 and I-485 affidavit of support and I-693 my question is: he is in another state, their visa card is expired, is this gonna affect them??, do i have the correct paperwork??? we have been separted for almost 3 years but not divorced.

                              Thanks

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