Children

[MeeMaw]

I have lived in the USA for nearly 5 yrs now, my kids came over on 3 month visa waiver, now my question is

Is there anyway I can get the USA to let them stay here has the father of the children (who lives in Australia) does NOT want them back. The kids (aged 12 and 15) have no where to go if they have to go back.

[MeeMaw]

I have lived in the USA for nearly 5 yrs now, my kids came over on 3 month visa waiver, now my question is

Is there anyway I can get the USA to let them stay here has the father of the children (who lives in Australia) does NOT want them back. The kids (aged 12 and 15) have no where to go if they have to go back.

[NYCImmParalegal]

What is your status in the U.S.? If you have a visa you can have them be dependent on your visa. You may want to talk to a family law attorney to figure out what you can do to draw up a legal custody agreement whereby you can get sole custody of the kids.

[Old Man]

MeeMaw-

If you are a US citizen, you can file adjustment applications for your children. Follow the "one stop" procedures at the USCIS District office. Follow NYCImmParalegal's advice regarding custody.

If you are not a US citizen, your children have to return to their home country after 90 days or they will become illegal aliens. If you are here on a temporary (e.g. H1B) visa, you can apply for them to get dependent visas at the US Embassy in their country, but they can not change status in the US. If you are an LPR, you can file an alien relative petition for them, but it will be a long time before you see results. You may become a citizen by that point.

[MeeMaw]

My status is permenant resident but my husband is a US citizen....would that help keep them here??

[Old Man]

Yes, since your kids are young enough.

US citizens may file AOS applications for a step-child if the child was under the age of 18 at the time of the marriage.