Keep child legal until he gets his GC

[Danny88 0]

Hello, I really need help to get this cleared out and take the correct path, please help.

 

I am US permanent resident, I have got GC through my son who is US citizen. I have minor child who is 3 years old. We are in USA now, my child here on B2 visa and I want to apply for a GC for my child, but I see that child can be here in USA max length of 6 month but until approval of i-130 and adjustment of status becomes available for the child it can take up to 2 years. 

 

Leaving and coming back every 6 month is the only option? But what if border officer will deny entry for the child who has active petition? Will the point that her mom has GC let her enter to US?

 

Thank you in advance. 

[f f 725]

you are correct it can take 2 years and he has to have legal status when he does the aos. and overstay will not be forgiven since you are not a usc.

 

I would recommend the following

apply for your son's i130 this week

just before his authorized stay is up for you to apply for reentry permit so you can be outside the us for up to two years.

before your reentry permit is up your son should have his visa number current and can go get his immigrant visa after the interview.

then you both can come back to the us a legal permanent residents

 

this is assuming your usc son or other family can sponsor your son.

 

good luck

[Danny88 0]

Thank you for reply. 

My child has multi entry visa valid till Oct 2018 and wanted to be able to visit until that time with ongoing petition. Is that possible? Thats why I also asked if will we have issues at ther border with officer letting my child enter to usa with ongoing petition, when that moment I will have GC and child B2 visa. 

[Transborderwife 4,666]

B2s are to visit, not to live.

[f f 725]

at first they shouldn't but they may suspect he is living in the us instead of visiting. but being only 3 may help his case. once he reaches school age he can not attend school in the us and you will have a harder time having him visit if he is supposed to be in school.

 

good luck

[Danny88 0]

I appreciate your answers dear members.

 

Is there really no any way to have my child be with me in USA with her permanent resident parent since he is only 3, he depends on me =( May be I can address this to USCIS or someone who can take this higher than plain rules?!

[KierenHby 899]

24 minutes ago, Danny88 said:

Is there really no any way to have my child be with me in USA with her permanent resident parent since he is only 3, he depends on me =( May be I can address this to USCIS or someone who can take this higher than plain rules?!

Rules are rules. A USCIS superior does not have any power to bend rules for a parent of a 3-yr old. 

[Danny88 0]

I understand that..

 

What about follow-to-join option?

[milimelo 4,563]

There is no follow to join option in IR-5. 

 

If if it was that important to not be separated your USC child should've filed I-130 for sibling and you should've waited until the child was processing to have your petition submitted. That way both would process together - 11-13 yrs later. 

[Danny88 0]

11 minutes ago, milimelo said:

There is no follow to join option in IR-5. 

 

If if it was that important to not be separated your USC child should've filed I-130 for sibling and you should've waited until the child was processing to have your petition submitted. That way both would process together - 11-13 yrs later. 

didn't get your point unfortunately    

[Unlockable 7,315]

The proper way of doing the process was to apply for the child while they were in their country. You took advantage of the child's visitor visa and are now scrambling for solutions to keep the child here. Rules and policies were put in place for a reason. Since you are not a USC, you have limited options.

 

The point is that it was YOUR decision to migrate to the US. No one forced you. And if it is so important to care for your child then you should have not made the decision to immigrate until the both of you were able to. USCIS is not going to change there rules because you didn't prepare properly.

 

Sorry if this is coming of harsh but this is the reality of it. If you want your child be remain in legal status then she must return to her country. If you need to care for her then you can return with her. Leaving every 6 months is not a guarantee. The border agent could deny your child at any time.

[NigeriaorBust 4,087]

 The basic rule of a visitors visa is you have to spend more time out of the country than in.  So if he stays for six months he needs to stay out for 6 months.  Trying to make the stay more or less permanent will make them cancel the visa when they realize he is living here not visiting ( it won't take long to figure out when you try to enter on a green card and him on a visitors visa after the first long stay )   If he overstays by even a day his visitors visa is no longer good , and we don't know what the future of immigration holds but it is unlikely to be more forgiving than the current rules.  As suggested before, the best solution is for you to take a reentry permit and live with your child out of the US until his petition is current.   Otherwise you are going to hit the border sometime and they WILL say he can't enter ,  what will you do at that moment ?  Would you be prepared to buy yourself a ticket right then to follow his back ? 

[aaron2020 11,651]

There is no way for your child to stay in the US for 2 years.

 

You made the choice to immigrate when your child could not.  That's on you.

 

There is no way that any US official will ignore US laws for you.  These are not "rules" as others have suggested.  These are laws.

 

There is no way that your child will be allowed back into the US for a second six months after visiting for six months.  Your child will be denied entry and sent back home at your expense.  You or another adult will need to accompany the child.

 

If you violate US laws by allowing your child to violate the visitor visa, then your child will not get a green card.  Don't screw around with the US Government.

 

File an I-130 for your child.  File for a Re-Entry Permit for yourself.  Go home for the next two years.  When your child's immigration visa is granted, then you can come back with  your child.  This is your only option to care for your child, keep your green card, and allow your child to eventually immigrate.

 

Do you really want to test to see if Trump will help immigrants who break or ignore US immigration laws?  What do you think will happen under Trump if you abuse US immigration laws?

 

 

Edited January 25, 2017 by aaron2020

[Hypnos 6,578]

How long until you can file for citizenship for yourself? 

[KierenHby 899]

Take a moment to complete your Timeline. It helps other members guide you on the basis of your current status, rather than us keep asking Qs. 

 

I never quite understand who ignores their 3-yr old in favor of a green card. 

Edited January 25, 2017 by KierenHby