PLEASE HELP, EMERGENCY QUESTION

[akhait02 0]

Hello Everyone,

This is a hard situation for to be in. I have 3 nephews from Belarus that are on tourist basis. Their mother past away due to cancer last year, and it was really hard on all three of them. My family and my parents decided to bring them here for as much as we could, just to remove them from that situation. Their mother fought cancer for almost 2 years, and they seen all of it. Anyhow, we brought them here as tourists last may, and their visa is good for one year. We put them in schools. Oldest child is 16, middle is 12 and the youngest is 6. We want them to stay here for as long as we can, I am turning to all of you for help. What can we do to have them stay here?? any advice or help will help greatly. Thanks in advance.

[Harpa Timsah 13,258]

They cannot go to school on tourist visas. Or , at least, it is illegal. You would need to get student visas for them and pay tuition.

You could also look in to adoption because the mother is deceased. Where is the father? Is he alive?

[Merrytooth 5,748]

"we brought them here as tourists last may, and their visa is good for one year"

You mean they are issued a 1 year I-94?

[dwheels76 5,468]

Hello Everyone,

This is a hard situation for to be in. I have 3 nephews from Belarus that are on tourist basis. Their mother past away due to cancer last year, and it was really hard on all three of them. My family and my parents decided to bring them here for as much as we could, just to remove them from that situation. Their mother fought cancer for almost 2 years, and they seen all of it. Anyhow, we brought them here as tourists last may, and their visa is good for one year. We put them in schools. Oldest child is 16, middle is 12 and the youngest is 6. We want them to stay here for as long as we can, I am turning to all of you for help. What can we do to have them stay here?? any advice or help will help greatly. Thanks in advance.

You keeping them here and having them in school can be looked at by immigration and child trafficking. You need to run not walk immediately to a very good immigration lawyer that deals with children issues.

Are there no immediate family in Belarus? The father, aunts uncles. You having them in school is a no no. You need legal guidance here beyond the self help on VJ.

[Boiler 45,966]

"we brought them here as tourists last may, and their visa is good for one year"

You mean they are issued a 1 year I-94?

That was what I was thinking, their visa was probably good for a year, their visit probably 6 months.

I was going to suggest a Student Visa but they have probably kissed that option goodbye.

Edited March 21, 2014 by Boiler

[Harpa Timsah 13,258]

I have heard of B2 cohabitation visas with I-94s for a year. Maybe they have that for extenuating circumstances? I assume the father is not in the picture, but even if he is alive it makes it harder for adoption.

[Boiler 45,966]

Without ging into details I can not see how such a category would apply here.

[NigeriaorBust 4,087]

Find some place to send them for boarding school probably out of the US. Start the process of adopting them.

[Boiler 45,966]

We all know what is going to happen.

[belinda63 3,046]

You could obtain student visas for them. Legally they are not permitted to attend school in the US on a tourist visa.

You could look into adopting them.

These are your only two legal choices.

[RhettVoe 282]

A B2 visa is NOT a substitute for a legal adoption....when they applied for their tourist visas, what excuses did they give and for how long did they say they were planning on 'visiting?' Why is it people think that a B2 visa is supposed to be used as a surrogate for any other visa or process? Why do so many people think it OK to make up stories in order to get one?

[Avery Cates 1,141]

Hello Everyone,

This is a hard situation for to be in. I have 3 nephews from Belarus that are on tourist basis. Their mother past away due to cancer last year, and it was really hard on all three of them. My family and my parents decided to bring them here for as much as we could, just to remove them from that situation. Their mother fought cancer for almost 2 years, and they seen all of it. Anyhow, we brought them here as tourists last may, and their visa is good for one year. We put them in schools. Oldest child is 16, middle is 12 and the youngest is 6. We want them to stay here for as long as we can, I am turning to all of you for help. What can we do to have them stay here?? any advice or help will help greatly. Thanks in advance.

If they're attending school on a visitor visa you've really screwed the pooch.

You need to take a look at their I-94s and see when they expired. I'd be willing to bet they've already overstayed their allowed time.

Best bet is to send them back to their family today, and then get a very good lawyer to can go over your options, if any, with you.

Just because they've had some hard luck isn't going to matter to ICE, and does not make it ok to do what you wish regarding the laws and limitations of the visas they were lucky enough to receive.

A B2 visa is NOT a substitute for a legal adoption....when they applied for their tourist visas, what excuses did they give and for how long did they say they were planning on 'visiting?' Why is it people think that a B2 visa is supposed to be used as a surrogate for any other visa or process? Why do so many people think it OK to make up stories in order to get one?

My high hopes is that they do away with any possibility of adjusting status from visitor visas, and make a change that a child has to be born of parents with legal status to be considered a US citizen just because they happened to be dropped across the border line.

It would solve so many things.

Edited March 23, 2014 by Avery Cates

[C-ma'am 684]

**Post moved from Tourist Visas to General Immigration Related Discussion

[NickD 203]

In reality, the DOS says NO to kids here on a visa attending school, but a California Supreme court decision says YES to this question. And public schools that receive more money with more students go along with the California supreme court decision. But sure didn't want to be in the middle of this argument.

So held off getting married until June when my stepdaughter finished her school year, applied for the I-130 instantly and an EAD card, so she complied with the DOS rules by the time the new school year started. She was free according to the USCIS, was nervous because they are so darn slow in everything. But she received her EAD card three weeks after the school year started.

You have to apply for an I-130 for these three kids and attempt to overcome any obstacles the USCIS provides. This is well beyond me as you are not the parent nor the parents of these kids. Can only suggest finding a GOOD immigration attorney. State GOOD because there is a whole bad bunch of bad ones out there. I found a good one to guide us, and sure wasn't any in my state, five states over, with immigration, can use any immigration attorney in the US. You are not limited to attorneys licensed in your state like in other court cases.

[jan22 3,056]

You have to apply for an I-130 for these three kids and attempt to overcome any obstacles the USCIS provides. This is well beyond me as you are not the parent nor the parents of these kids. Can only suggest finding a GOOD immigration attorney. State GOOD because there is a whole bad bunch of bad ones out there. I found a good one to guide us, and sure wasn't any in my state, five states over, with immigration, can use any immigration attorney in the US. You are not limited to attorneys licensed in your state like in other court cases.

There is no provision for filing an I-130 for nephews -- save the money, as there is no possibility it can be approved. There won't be any obstacles that USCIS provides; they have to follow the law and the law does not include filing for nieces and nephews.