I am a green card holder, my minor kids on B2 visa

[Boiler 46,124]

Don't they have school to attend?

[kievdema 0]

I'm going to repeat the question of previous posters: on what basis did you get your green card? Also: for how long have you had your green card? Having answers to these questions is crucial.

Based on your answers you could do one of the following (this is what I can think of off the top of my head):

- Wait till you get your citizenship. If your children are still going to be under 18, they would qualify for citizenship as well (someone please verify this). If they are going to be over 18 but under 21, they would qualify for green cards based on being immediate relatives of a U.S. citizen. Then they can adjust status within the U.S. and overstay/illegal employment would be forgiven.

- File to petition for your kids' immigrant visas. When petition is ready to be processed at the embassy (visa number available), leave with the kids to attend the visa interview. Unless any of them are 18 years and 180 old at the time of departure, there is no overstay ban and they would qualify to get their IVs.

Good luck!

[kievdema 0]

I got my green card through my oldest son who is a US citizen. Thank you

kievdema - on what basis do you hold a green card?

They are attending school here in the US. Public schools don't require to have a status to be a student.

Don't they have school to attend?

I already submitted I130 , my question if their visa gets available before they turn 18, would they be babble to get their green cards? Or should I wait to apply for adjustment when I get my US citizenship? Thank you

I'm going to repeat the question of previous posters: on what basis did you get your green card? Also: for how long have you had your green card? Having answers to these questions is crucial.

Based on your answers you could do one of the following (this is what I can think of off the top of my head):

- Wait till you get your citizenship. If your children are still going to be under 18, they would qualify for citizenship as well (someone please verify this). If they are going to be over 18 but under 21, they would qualify for green cards based on being immediate relatives of a U.S. citizen. Then they can adjust status within the U.S. and overstay/illegal employment would be forgiven.

- File to petition for your kids' immigrant visas. When petition is ready to be processed at the embassy (visa number available), leave with the kids to attend the visa interview. Unless any of them are 18 years and 180 old at the time of departure, there is no overstay ban and they would qualify to get their IVs.

Good luck!

[kievdema 0]

My disable child can't even travel back right now due to her health conditions. Being a mom I want best for my kids, and there is no way I could send my 10,12 and disable kid back to their country thank you all for your support guys,

With special needs kids and so young , if you have a USC husband, do not send them home

even as a lpr they could stay until interview date is issued...no one take care of your kids like U

[jkb11 26]

When did you get your green card?

[Boiler 46,124]

Assuming they stay out of trouble, under the radar and do not get deported.

10 year old should be able to adjust when you naturalise.

Next one quite possibly as well.

Oldest would age out so would have both illegal presence from 18 and a ban from 18 1/2.

Just wondering what you plans were before you 'moved' them here?

[belinda63 3,047]

You need to understand that your children are out of status and subject to detention at any time.

As far as what you can do, file the I-130 now understanding that when their priority date comes current the children will have to return to their home country to process for the visa. That means the medical, police clearances, etc. all from the home country. As an LPR your children cannot receive an immigrant visa immediately, they must wait in line for a visa to become available. They CANNOT, as children of a LPR, adjust status in the US if they are out of status, as they are now.

When you become a citizen in about five years, if you choose to do so, you can file the I-130 for each child. At that point each child that is currently under 21 years of age and unmarried can adjust status inside the US even if they are out of status. For any child that is 21 or over or has married, they must wait for a visa to become available and process in their country (or in the US only if they are in status). The oldest child will not make this cut. The oldest child will be more than 20 when you obtain citizenship. Once the child reaches the age of 18 they begin accruing overstay time. When they have overstayed by 180 days they have a three year ban from entering the US. When they have overstayed 365 days they have a 10 year ban from the US.

You also need to understand that having your children here out of status places your LPR status in jeopardy.

[Darnell 8,479]

My disable child can't even travel back right now due to her health conditions. Being a mom I want best for my kids, and there is no way I could send my 10,12 and disable kid back to their country thank you all for your support guys,

Any USCitizen Spouse on the horizon? That person can file for your children, to adjust status, this month or next, if I understand the system properly.

[apple21 953]

You don't have to send them back alone. You can go back with them and wait for their F2A visas in your home country.

Initially, you will have to apply for a 2-year Re-Entry Permit, so you can stay outside of the USA for a maximum of 2 years without losing your LPR status. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You have to do this the right and legal way, for your children's sake. Good luck.

[Eric-Pris 1,607]

This is a simple case of an LPR trying to circumvent the visa process.

What I don't get is how an IO actually approved their B2 visas. How did they ever meet the "ties to their home country" requirement? Their mother is living in the US, what reason would they have to return? The IO should have seen this coming from a mile away.

What the OP seems to not understand/accept is that her kids must go back and she must apply for their visas the right way or she risks that they may not be able to come to the US for much longer if they incur bans.

The reason these types of people irritate me is because they are looking to cut corners while the rest of us have to wait many months for our kids/step-kids to get here the right way. There was clearly intent to emigrate from a B2; it could not be any clearer.

There are not enough repercussions for the offenders in clear cut cases such as this. But I still blame the IO in their home country who actually approved the visas.

[Eric-Pris 1,607]

My disable child can't even travel back right now due to her health conditions. Being a mom I want best for my kids, and there is no way I could send my 10,12 and disable kid back to their country thank you all for your support guys,

She was ok to travel here but not ok to travel back? How convenient.

[kievdema 0]

She was ok to travel here but not ok to travel back? How convenient.

such a cold person, oh well hope you could feel what I dealing with. My child a kid with special needs, she had 3 surgeries in 2 moths of period, she can't move, she wont be able make it back, due to her surgery did not go how we all planed. This is very mean of you to judge, I hope you could feel my pain what I am feeling now. Karma is a good thing.

[NigeriaorBust 4,087]

You invoke karma while you are daring it to come get you. You have made your children to stay against the law. If picked up they and you can be sent home. I would call a very good immigration lawyer , try the immigrate2us.net site they know some of the best. You are playing with fire and your children are the ones you are putting at risk.

[belinda63 3,047]

Your oldest child is going to HAVE to go back at some time if they want to be legal in the US unless circumstances change. What you have done is place your children in a position where they can be detained and deported. You could lose your green card. Your two youngest children cannot become legal for a number of years without leaving the US and the oldest does not have any chance of ever becoming legal without leaving the US with things as they are now. Really, how is it going to work if the children are deported? How is that good for them? How will it be good for the oldest to be in the country illegally?

[Boiler 46,124]

This is a simple case of an LPR trying to circumvent the visa process.

What I don't get is how an IO actually approved their B2 visas. How did they ever meet the "ties to their home country" requirement? Their mother is living in the US, what reason would they have to return? The IO should have seen this coming from a mile away.

What the OP seems to not understand/accept is that her kids must go back and she must apply for their visas the right way or she risks that they may not be able to come to the US for much longer if they incur bans.

The reason these types of people irritate me is because they are looking to cut corners while the rest of us have to wait many months for our kids/step-kids to get here the right way. There was clearly intent to emigrate from a B2; it could not be any clearer.

There are not enough repercussions for the offenders in clear cut cases such as this. But I still blame the IO in their home country who actually approved the visas.

we do not know when they obtained their visa's, but it does make it so much more difficult for others when there are such blatant abusers like this.