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process for the i130 form

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  • #16
    Is the process that SUP describes the same for minor children that entered without inspection?

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    • #17
      I know different rules regarding illegal presense apply to minors, but I don't know about EWI.

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      • #18
        Mr. Froggy- Mostly. Under the current laws, no one who enters the US w/o inspection can adjust status in the US (get a green card). All EWIs, including minors, have to leave the US and apply for Consular processing at the US Embassy/Consulate in their home country. The difference for minors (an individuals under uncanceled D/S visas) is that the law barring them from returning to the US does not apply. Most adult illegal aliens can not return to the US once they leave. If you are unlawfully in the US for 6 months to a year, you can not come back for three years. If you are unlawfully in the US for a year or more, then you can not come back for 10 years. The I-601 approval waives the 3/10 year bar.

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        • #19
          Old Man,

          O.K. so let's ASSUME for a minute that I receive I-130 petition approvals for the kids, then what????? I know that on their Biographic info sheet (G-325A)it shows them living in the U.S. for the last 5 years. So should I take them to Mexico to the consulate to pick up their GC's? I have been trying to find out this answer for awhile now. If you know then please help me understand. If the answer to the above is NO then do they qualify for the I-601 waiver?

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          • #20
            Did USCIS transfer the approvals to the NVC?

            If yes, NVC will complete the background process for the immigrant visas and the kids will get appointments at the US Embassy overseas. Approval by the Embassy gives them each an immigrant visa. They can then come back to the US. Children who enter with immigrant visas get green cards (or certificates of US citizenship if eligible under CCA2000) by mail from the USCIS.

            If no, file an I-824, Application for Action on an Approved Application or Petition. USCIS will (eventually) send the approval and you go about the process above.

            Or, as some people have found out, you can file for adjustment, wait, have the application denied, and then have the file sent to the NVC.

            Unlawful presence begins on their 18th birthday. I-601 is necessary if unlawful presence is 180 days or more.

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            • #21
              Thanks Old Man,

              My kids aps have not yet been approved/denied. They were just filed in Jan.'04 at TCS. The USCIS website is showing dates that would indicate my kids petitions should be processed in approx. 7-8 more months. They were 5&6 when they were brought here and they are now 10&11. So if I understand correctly, "IF" I get I-130 approvals for them, I can safely take them back to Mexico to pick up their GC's with no risk of being banned.

              Thanks for the reply

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