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Thread: filing for my kids

  1. #1
    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. #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??

  3. #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.

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

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

  6. #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.

  7. #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?

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

  9. #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???

  10. #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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