I-130 approvals for illegal kids

[Mr. Froggy]

There has to be someone out there who has experienced this first hand.

I am a US citizen who filed I-130's for my step children who arrived in this country illegally. They have been here approx. 5 yrs. Both are under 18 yrs old. Per USCIS web site, I would expect to have their I-130 approvals in approx. 8-10 more months. When I receive their approvals can I safely take them back to Mexico to pick up their GC's without any risk of them being booted for 10 yrs?

Someone who has experienced a similiar situation firt hand or has a close friend that has, PLEASE respond.

[Mr. Froggy]

There has to be someone out there who has experienced this first hand.

I am a US citizen who filed I-130's for my step children who arrived in this country illegally. They have been here approx. 5 yrs. Both are under 18 yrs old. Per USCIS web site, I would expect to have their I-130 approvals in approx. 8-10 more months. When I receive their approvals can I safely take them back to Mexico to pick up their GC's without any risk of them being booted for 10 yrs?

Someone who has experienced a similiar situation firt hand or has a close friend that has, PLEASE respond.

[Katycab]

Didn't we discuss this issue on another thread? The 10 year bars do not apply to unlawful presence accrued *before* the 18th birthday. I know you are looking for personal stories. I have not actually made any applications of this type myself, but you can research the law.

[Adam]

First thing first:
1. How did you acquire your citizenship?
2. Who brought your step children into the country?

[Mr. Froggy]

I am a natural born US citizen. My wife (who came to this country legally on a I-94) brought them here. My wife was out of status when we met. Her I-94 had been expired for approx. 3 yrs.

And YES, Katycab, we have discussed this before but as you said, I am looking for someone who has had a personal experience with this. Yes I can look up the law and yes I have a immigration lawyer but I was still hoping to find someone who has been through it.

[sup]

The fact that they entered without inspection still allows you to petition (I-130) on their behalf. But it prevents them from "adjusting status" (I-485) while in the U.S. unless section 245(i) amended back to the INA. Unfortunately they will have to leave the country and go through "consular processing" abroad. I'm not sure if their departure will trigger any bans. If you specified on the I-130 that they will "adjust status while in the U.S." as a way to gain permanent residence after I-130 is approved you'd have to file another form I-824 to transfer approved I-130 to consulate/embassy for "consular processing". Filed/pending I-130 won't make them legal, only filed/pending app for adjustment of status (I-485) can which they're not eligible to file.

[Suz]

If you are applying for Special Immigrant Juvenile Status for them, you can file that concurrently with the I-485.

[Mr. Froggy]

No, I did not. I have an immigration lawyer but I was just trying to double check him. All he filed on the kids were I-130 petitions. He told me that we would just file the I-130's and sit back and hope for a law change ( didn't sound like a good plan to me but we did it anyway). He told me that if the petitions were approved before a law change then they would just be out there in limbo. He said he would not risk sending them back to Mexico, but as I said I am just trying to double check him on this issue.