PLEASE HELP, EMERGENCY QUESTION

[Boiler 45,966]

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.

You have filed for a nephew or niece?

[ArandaTeixeiraLaw 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.

Go to a local immigration lawyer as soon as possible to do one of two things:

1) applying for SIJS (Special Immigrant Juvenile Status) - this requires working with local family or juvenile courts so you need an attorney licensed in your state or who collaborates with local counsel that would take care of that step. This is a complicated and difficult process. Do not try to do it without an attorney.

2) if SIJS is not an option, working out how to preserve their future immigration possibilities. You may be risking their being barred for years from entering the US and hampering their ability to ever get a visa, but an experienced immigration attorney may be able to guide you in mitigating the damage done.

(comment implying legal authority has been removed -VJ Moderation)

Edited April 4, 2014 by Kathryn41

[Merrytooth 5,748]

Special Immigrant Juveniles (SIJ) Status

The purpose of the SIJ program is to help foreign children in the United States who have been abused, abandoned, or neglected.

• Certain children who are unable to be reunited with a parent can get a green card as a SIJ
• Children who get a green card through the SIJ program can live and work permanently in the United States

I am not see how the Poster's nephews are abused, abandoned or neglected??

[ArandaTeixeiraLaw 0]

Special Immigrant Juveniles (SIJ) Status

The purpose of the SIJ program is to help foreign children in the United States who have been abused, abandoned, or neglected.

• Certain children who are unable to be reunited with a parent can get a green card as a SIJ
• Children who get a green card through the SIJ program can live and work permanently in the United States

I am not see how the Poster's nephews are abused, abandoned or neglected??

I don't know the poster's family's precise history, and I don't propose to draft out a thesis on eligibility requirements for the SIJS visa here. But given the death of their mother and the seeming absence of their father, this is worth discussing with an immigration attorney in their area, and they may fit the requirements depending on the precise facts of the case.

You will notice I also put in a second option in case SIJS status is not applicable. It is not worth throwing out a possibly valuable option (SIJS) based on a google search, especially where they need to assess how to mitigate possible damage caused to the kids' immigration record in any case.

[Boiler 45,966]

The OP posted, came back once and no more.

Father could be in the US as well.

My guess assuming what was said is essentially true, you never know, is that they were issued a 12 month single entry B2 received a 6 month I 94 and never had any intention of going back.

The only thing I am reasonably certain of is we will never know the full story.